Town of Paradise
Town Council Meeting Agenda
6:00 PM – April 11, 2023
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 – Vacant
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, Greg Bolin
Vice Mayor, Rose Tryon
Council Member, Steve Crowder
Council Member, Steve “Woody” Culleton
Council Member, Ron Lassonde
1 1. OPENING
1a. Call to Order
1b. Pledge of Allegiance to the Flag of the United States of America 1c. Invocation
1d. Roll Call
1e. Proclamation recognizing April as Arts, Culture and Creativity Month. 1f. Presentation - Update from PID
1g. 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
p11 Tony Lindsey, CDD-Building and Code Enforcement - Code Enforcement Update
p15 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. p17 Approve the Special and Regular minutes of the March 14, 2023, and March 17, 2023 Town Council meetings.
2b. p26 Approve March 2023 Cash Disbursements in the amount of $4,807,499.74.
2c. p34 1. Rescind Resolution No. 2022-67 “A Resolution of The Town Council of The Town of Paradise Adopting the New CalHome Homebuyer Acquisition Only/Acquisition With Rehabilitation Programs Guidelines”; and,
2. Adopt Resolution No. 2023 - ____ “A Resolution of The Town Council of The Town of Paradise Adopting the New CalHome Homebuyer Acquisition Only/Acquisition With Rehabilitation Programs Guidelines”. 2d. p39 Consider reviewing and ratifying the submission of the letter of sponsorship for AB 556 (Gallagher) and the letter of support for AB 573 (Garcia).
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. 2 3
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. p42 Conduct the duly noticed and scheduled second public hearing to solicit comments and/or suggestions regarding the Draft 2023-2024 Annual Action Plan; and, 1. Adopt the Draft 2023-2024 Annual Action Plan as submitted; or, 2. Revise the Draft 2023-2024 Annual Action Plan as submitted; and, 3.
Authorize staff to submit the adopted 2023-2024 Annual Action Plan to the U.S. Department of Housing and Urban Development should no public comment be received. (ROLL CALL VOTE)
5b. p80 Conduct the duly noticed and scheduled public hearing and 1. Concur with the project “CEQA determination” finding embodied within Planning Commission Resolution No. 2023-01; and, 2.. Waive the first reading of Town Ordinance No. 625 and read by title only; and, 3. Introduce Town Ordinance No. 625 “An Ordinance Amending Text Regulations within Paradise Municipal Code Title 17 [Zoning] Relative to Short-Term Rentals”; or, 4. Adopt an alternative directive to town staff. (ROLL CALL VOTE) 5c. p97 1. Consider discussing and soliciting public input related to the use of “military equipment” by the Paradise Police Department as defined by the Paradise Municipal Code; and, 2. Consider approving the updated Military Equipment policy for Paradise Police Department. (ROLL CALL VOTE)
6. COUNCIL CONSIDERATION
Action items are presented by staff and the vote of each Council Member must be announced. A roll call vote is taken for each item on the action calendar.
Citizens are allowed three (3) minutes to comment on agenda items. 6a. p113 Consider reviewing and approving the attached Town of Paradise Early Warning Siren Guidelines. (ROLL CALL VOTE)
6b. p121 Discuss and consider providing direction regarding future spending of transient occupancy tax revenues.
6c. p123 1. Consider adopting Resolution No. 2023-15 “A Resolution of the Town Council of the Town of Paradise Approving the “Second Amendment” with the California Department of Forestry and Fire Protection (CAL FIRE) for Services from July 1, 2021 through June 30, 2025, Contract Agreement Number 2CA05233” for a maximum amount not to exceed $18,994,417.” OR, 2. Direct staff to negotiate an alternative agreement with CAL FIRE with a reduced level of service and reduced costs.” (ROLL CALL VOTE) 6d. p129 1. Consider appointing a second Town Council member, to replace former Councilmember Jones, to join Councilmember Culleton on the Exceptions Committee; or, 2. Adopt an alternative directive to Town staff. (ROLL CALL VOTE)
3 6e. p130 1. Consider authorizing the Town Attorney to review and approve the draft MOU agreement to be executed between the Town of Paradise and the “Jurisdictions” regarding SB 1383 which requires the state to reduce organic waste (food waste, green waste, paper products, etc.) disposal by 75% by 2025; and, 2. Authorize the Town Manager, on behalf of the Town of Paradise, to sign the MOU agreement. (ROLL CALL VOTE) 6f. p147 Consider approving the following Project Baseline Agreements that are required to be executed between the Town of Paradise, the California Transportation Commission and California Department of Transportation, binding each to certain responsibilities to process State and federal funded projects:
Project Baseline Agreement for Go Paradise: Pentz Student Pathway
Project Baseline Agreement for Go Paradise: Neal Gateway Project; and,
1. Adopt Resolution No. 2023- ___ “A Resolution of the Town Council of the Town of Paradise Authorizing the Town Manager or his Designee to sign the Project Baseline Agreement between the California Transportation Commission, the California Department of Transportation, and the Town of Paradise for the Active Transportation Program Corresponding to Project Go Paradise: Pentz Student Pathway Project.”
2. Adopt Resolution No. 2023- ___ “A Resolution of the Town Council of the Town of Paradise Authorizing the Town Manager or his Designee to sign the Project Baseline Agreement between the California Transportation Commission, the California Department of Transportation, and the Town of Paradise for the Active Transportation Program Corresponding to Project Go Paradise: Neal Gateway Project.” (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
9. CLOSED SESSION - None
10. ADJOURNMENT
4 Town of Paradise
Council Agenda Summary
Date: April 11, 2023
Agenda Item: 1(g)
ORIGINATED BY: Colette Curtis, Recovery and Economic
Development Director
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Monthly Recovery Update
LONG TERM
RECOVERY PLAN:
Yes
COUNCIL ACTION REQUESTED:
1. None
Background:
This report continues the Monthly Updates provided to keep the Town Council apprised of important developments related to the recovery of the Town of Paradise from the Camp Fire.
Included in this update are items related to recovery projects, advocacy economic recovery and development, communications and emergency operations.
Analysis:
ECONOMC DEVELOPMENT
Commercial Sign Removal Program
o Application period opened January 16th, 2023.
o 9 signs have been removed.
o About $80,000 remains in the budget for this program.
Business Retention and Attraction
The Town continues to work with developers and businesses who are interested in investing in our community.
BCAG’s updated traffic count data, which is being collected currently, will be very useful in business attraction efforts.
CDBG-DR Economic Development
The Butte County allocation for CDBG DR Economic Development has been announced at $18.7 million.
The Notice of Funding Availability (NOFA) is expected to be released any day, 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.
5 RECOVERY
Category 4 Tree Removal Program
We opened the program to applicants on July 25th and received 577 applicants. This represents 1,014 acres of private property across the Town. The assessment Phase has been completed. Nearly 11,000 standing dead trees have been identified, tagged and catalogued for review by FEMA/CalOES Phase 2 continues to be in Federal Environmental Review. The draft Environmental Assessment is now complete and in final review with FEMA. Tree cutting process would commence after full phase 2 approval of submitted tree inventory.
We are finalizing the plan for tree removal and anticipate bringing that to council in May.
Early Warning System
The Early Warning System was fully approved in April 2022 and a contract was awarded in July 2022.
Our contractor has been in Paradise since March 20 and construction is continuing on multiple locations simultaneously.
We continue to work with PG&E on power supply and expect the system to be fully operational for this upcoming fire season.
Residential Ignition Resistant Retrofit Program
Undergoing Federal Environmental Review. The draft Environmental Assessment is now complete and in final review with FEMA.
All other Town required action items are complete.
We made the decision to handle assessments internally utilizing one of our building inspectors.
We are finalizing the enrollment packets and anticipate opening the program to applicants by the end of April.
Hazardous Fuels Reduction Program
Undergoing Federal Environmental Review. The draft Environmental Assessment is now complete and in final review with FEMA.
All other Town required action items are complete.
Defensible Space Code Enforcement
Undergoing Federal Environmental Review. The draft Environmental Assessment is now complete and in final review with FEMA.
All other Town required action items are complete.
6 COMMUNICATIONS
TOP POP Events
o In order to build community in Paradise during the 5th anniversary year after the Camp Fire, the Town is hosting 12 months of pop-up events around town. o These events are a way to help acknowledge the progress and rebuilding over the last 5 years.
o Each month, different pop-up events will take place around town, with a local partner organization hosting the event.
o March had two events:
Wildflower Giveaway with Déjà vu Nursery (rescheduled from Feb.) Goat Yoga at the Paradise Grazing Festival.
Community Relations Committee (CRC)
o The CRC continues to meet monthly and has recently added new members representing the Gold Nugget Museum and Paradise Art Center. o At the last meeting, one member expressed interest in tailoring some communication to property owners who are not currently living on their property to make sure they are aware of their responsibilities (ie, regarding weed removal). Upcoming Recovery Events
o Staff is planning a media event for the installation of the Early Warning System towers in April.
EMERGENCY MANAGEMENT
A full scale EOC exercise is in the initial planning stages for June 15, 2023 o FEMA awarded the Town a grant to assist with the planning and administration of the exercise.
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: April 11, 2023
Agenda No. 1(g)
ORIGINATED BY: Marc Mattox, Public Works Director / Town Engineer REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Camp Fire Recovery Updates - Infrastructure
COUNCIL ACTION REQUESTED:
1. None, written monthly update only.
Background:
This report continues the Monthly Disaster Recovery Updates provided to keep the Town Council apprised of important developments related to the recovery of the Town of Paradise from the Camp Fire.
Analysis:
Road Rehabilitation
As previously covered in related Agenda Summaries and Updates, the Town of Paradise has secured funding from both FEMA and Federal Highways Administration for the purposes of road rehabilitation associated with Camp Fire damages from the fire itself, debris removal and tree removal operations. These projects cover all Town of Paradise publicly owned and maintained roadways.
A revised paving plan has been published here:
https://www.google.com/maps/d/u/0/viewer?mid=1w-PjuvtL5rmmOj_EM-4IFaj7sVYVRs&ll=39.763511840651375%2C-121.61120815000001&z=13 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 is nearing full closeout, anticipated to be considered by Council in spring 2023.
The Town of Paradise has awarded and scheduled 9 miles of paving for 2023. The roads planned and tentative schedule is provided below:
Notice to Proceed April 1, 2023:
Dean Rd
Merrill Rd
Stearns Rd
Country Club
Wagstaff Rd (Clark to Pentz)
Bille Rd (Clark to Vista Knolls)
8 2
The below roads are slated to begin July 1, 2023.
Sawmill Rd (Bille to Pearson)
Elliott Rd (Ingalls to Cameron)
Pearson Rd (Clark to Pentz)
S Libby Rd
A Special Notice of Planned Work was distributed to property owners of the paving projects noted above with contact information.
Prior updates have noted the Town plans to pave 19 miles in 2023. The remaining 10 miles schedule are currently on hold until renewed environmental review is completed by FEMA. This second cycle of environmental review is due to the Improved Project status the project received recently. If the Town does not receive approval by FEMA within the next 60-90 days, the feasibility of remaining roads planned for 2023 will be at significant risk for postponement.
Paradise Sewer Project
Efforts for Past Month:
Previous Updates:
The Central Valley Regional Water Quality Control Board (Regional Board) hosted meetings of the Sewer Regionalization Project Advisory Committee (SRPAC). The SRPAC last met on March 21, 2022 at the City of Chico council chambers and finalized the first draft of the Principles of Agreement (POA). The POA served 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.
The 30-day appeal period for the Final EIR closed on December 8, 2022. No appeals were filed.
Presented the draft IMA to the Paradise Town Council on February 14, 2023 and the Chico City Council on February 21, 2023 for their respective consideration. Both councils approved the IMA (Town approval with direction to Town Manager to execute minor changes from Chico, Chico approval without changes). The IMA was signed by both parties.
On February 22, issued a “Request for Qualifications for an On-call Owner’s Agent for the Paradise Sewer Project.” The Owner’s Agent will assist the Town with the design and construction phases of the Project. SOQs are due to the Town by April 3, 2023. The Town met with interested contractors and design teams interested in the Progressive Design Build procurement process.
Continued RFQ phase of the procurement of an Owner’s Agent. Continued to update the project’s public website (www.paradisesewer.com). Continued funding application efforts with the Federal, State and CDBG-DR. 9 3
Efforts for Next Month:
Review SOQs for Owner’s Agent due on April 3, 2023.
Continue funding application efforts and funding due diligence. 10
Town of Paradise
Council Agenda Summary
Date: March 11th, 2023
Agenda Item: 1(g)
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. Code Enforcement Update
Background:
The mission of the Code Enforcement Division is to promote and maintain a safe and desirable living and working environment. We help maintain and improve the quality of our community by administering a fair and unbiased enforcement program to correct violations of municipal codes and land use requirements. We work with residents, neighborhood associations, public service agencies, and other Town departments to:
Facilitate voluntary compliance with Town codes.
Empower community self-help programs.
Develop public outreach programs.
Establish community priorities for enforcement programs.
Analysis:
Code Enforcement receives complaints of violations from staff and general community members.
Each complaint is investigated and verified by our Officers.
Temporary Use Permits (TUPs) issued under Urgency Ordinance as of 3/29/2023 = 191 (Exhibit A):
32 – Parcels with RV Storage only (16 RVs on site)
159 – Parcels permitted to occupy an RV (101 currently occupied, 10 occupied sites have submitted building permit applications, and 20 are receiving rebuild assistance (TOP Housing dept, Disaster Case Managers from North Valley Catholic Social Services, Recover California, Tzu Chi)
14 – Accessory structures (Sheds, Shops, Non-habitable) 11
RV Code Enforcement activity for the reporting period Mar 4th – Mar 30th (Exhibit B):
Occupied sites without TUPs – 28
Occupied sites with TUP Violations – 1
Compliance gained/RV cases closed – 1
o 1 – Violations resolved (storage permit issued)
Civil Abatement Cases have been forwarded to Town Attorney – 49. Twenty-eight cases have been resolved, and 21 remain eligible for action.
The Community Enhancement Outreach Team, consisting of Fire Prevention, Police, Housing, Disaster Case Managers (DCMs), and Code Enforcement staff, visited 14 RV sites. The team contacted 7 community members in March:
o 4 – tenants and did not own the property
o 10 – owner-occupied
o 0 – purchased the property post-Camp Fire
o 7 – supplied contact information to DCM staff (North Valley Catholic Social Services, Boys & Girls Club DCM’s lost their funding source) Other Code Enforcement Items:
Abandoned Vehicle Authority abatements – 3
o One vehicle voluntarily abated.
o Two vehicles were Towed.
Complaints regarding waste and refuse, zoning, building without a permit, camping, fire hazards, vehicles, vending, no garbage service, grading, etc.
Fire Prevention is built upon the philosophy of three main objectives: Education, Engineering, and Enforcement. Fire Prevention is vital 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 performs weed abatement inspections on 11,100 parcels within our community.
Escrow defensible space inspections:
March 2023 Year to date 4/1/2022 – 4/1/2023
Clearance requests received – 90 Clearance requests received – 941 Certificates issued – 70 Certificates issued – 889
Land Surveyor’s Certifications on file – 27 Land Surveyor’s Certifications on file – 224 First inspection compliance rate – 72% First inspection compliance rate – 68% Town-wide Defensible Space Program inspections completed as of 3/29/2023:
Compliant – 8,308 (approx. 72%)
Non-compliant – 2,590 (not including active code enforcement cases) Code Enforcement Referrals for citation – 202 Active Code Cases o 14 – Commercial parcels, 188 – Residential parcels
12 TUPs under ORD 612 5/31/22
RV TUP STORAGE ONLY RV TUP OCCUPIED 7/27/2022
12/21/2022 13
TUPs under ORD 612
RV TUP STORAGE ONLY RV TUP OCCUPIED
TUP Violations 5/31/22
Violations w/ TUP RV no TUP
12/21/2022 7/27/2022
14 Town of Paradise
Council Agenda Summary
Date: April 11, 2023
Agenda Item: 1(g)
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 29.94% (+0.38) of our pre-disaster housing stock to-date (1,377 surviving units + 2,220 new CofOs to-date [+45 from last month] = 3,597 habitable dwellings / 12,015 housing units before the Camp Fire). An additional 834 (+36) permits have been issued but have not received their CofO yet.
Town of Paradise Owner-Occupied Rehabilitation/Reconstruction Program ($21 million) This program helps homeowners rehabilitate or reconstruct their home. To-date 33 (+1) homes rebuilt, 17 (-5) under construction, 35 (-1) 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 9 (+1) home rebuilt, 6 (+0) permits issued, 6 +5) home submitted for plan review.
Town of Paradise First-Time Homebuyer Program ($2 million) Helping 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 12 (+0) homes purchased and 29 (+3) applications in process. Lots of interest from local lenders and realtors.
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 26 (-0), applications in process, 10 (+0) applications approved, 14 (+1) completed.
CDBG-DR Multifamily Rental Housing Program ($55 million) Goal is to create affordable rental housing
15 Large projects (8+ units): 8 project apps received for 368 units, $64,377,157 requested (oversubscribed); 7 projects to be funded for 290 units.
HOME Infill New Construction ($700,000)
Create affordable housing for first-time homebuyers.
Working with North Valley Housing Trust to accept land for program. HCD has let us know that we received the award but this program is still suspended.
CDBG (2022 Annual Allocation: $107,537, unspent funds=$288,706.03) Timeliness issue continues; a minimum of $127,400.53 must be spent by May 1, 2023. o Skyway sidewalk project = $40,269.51 to be spent by end of April o Property acquisition for affordable homeownership = $89,410.49 to be spent by end of April
o Public services (B&GC, Meal on Wheels and PRPD) = $2,000 by end of April o Program administration = $1,214.35 by end of April
CV funds (separate from above) ear-marked for Economic Development = $208,244 awarded, of which $166,595.20 must be spent by 10/25/24.
Financial Impact:
None.
16 MINUTES
PARADISE TOWN COUNCIL
SPECIAL MEETING – 4:30 PM – March 14, 2023
1. OPENING
The Special meeting of the Paradise Town Council was called to order by Mayor Bolin at 4:32 p.m. in the Council Chambers located at 5555 Skyway, Paradise, California who led the Pledge of Allegiance to the Flag of the United States of America.
COUNCIL MEMBERS PRESENT: Steve Crowder, Steve “Woody” Culleton, Ron Lassonde, Rose Tryon and Greg Bolin, Mayor.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Town Manager Kevin Phillips, Town Clerk/Elections Official Dina Volenski, Town Attorney Scott E. Huber, Economic Development Director Colette Curtis, Community Development Director Tony Lindsey and Information Systems Director Luis Marquez.
At 4:33 p.m. Mayor Bolin announced that the Town Council would adjourn to Closed Session for the following items:
2. CLOSED SESSION
2a. Pursuant to Government Code section 54956.9(d)(4), the Town Council will meet with the Town Manager and Town Attorney to consider initiation of litigation - nine (9) potential cases
2b. Pursuant to Government Code section 54956.9(d)(2), the Town Council will meet with the Town Manager and Town Attorney regarding potential exposure to litigation - two (2) potential cases.
After reconvening from Closed Session at 5:46 p.m., Mayor Bolin announced that no reportable action was taken, direction was given.
3. ADJOURNMENT
Mayor Bolin adjourned the Council meeting at 5:47 p.m.
Date approved:
By: Attest:
________________________ _________________________
Greg Bolin, Mayor Dina Volenski, CMC, Town Clerk
17 TOWN COUNCIL
Meeting Minutes
6:00 PM – March 14, 2023
1. OPENING
The Regular meeting of the Paradise Town Council was called to order by Mayor Bolin 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 Lassonde.
COUNCIL MEMBERS PRESENT: Steve Crowder, Steve “Woody” Culleton, Ron Lassonde, Rose Tryon and Greg Bolin, Mayor
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Town Manager Kevin Phillips, Town Attorney Scott E. Huber, Town Clerk/Elections Official Dina Volenski, Information Systems Director Luis Marquez, Community Development Director Tony Lindsey, Recovery and Economic Development Director Colette Curtis, Business and Housing Manager Kate Anderson, Capital Projects Manager David Kehn, Engineering Division Manager Ashley Stanley, Police Chief Eric Reinbold, and Fire Chief Patrick Purvis.
1a. Mayor Bolin presented a proclamation to Richard Abbott on behalf of the Red Cross, recognizing March as Red Cross Month. (180-40-27) 1b. VIP Frank Dodini presented the VIPS 2022 Annual Report (480-60-009) 1c. CalFire Chief Patrick Purvis presented the Town's updated Insurance Services Office (ISO) rating.
1d. Jim McCourt from Meeder Investments presented the Town’s financial update.
1e. Camp Fire Recovery Updates - Written reports are 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 - Code Enforcement Update
18 Kate Anderson, Business and Housing Manager - Business and Housing Update
2. CONSENT CALENDAR
MOTION by Tryon, seconded by Crowder, approved consent calendar items 2a through 2f. Roll call vote was unanimous.
2a. Approved the Special and Regular minutes of the February 14, 2023, February 17, 2023, and March 2, 2023 Town Council meetings. 2b. Approved February 2023 Cash Disbursements in the amount of $3,839,961.28. (310-10-034)
2c. Acknowledged receipt of and filed the Planning Commission’s annual report concerning implementation status of the 1994 Paradise General Plan and Housing Element for the 2022 calendar year. (760-40-55 & 760-40-062) 2d. Approved changes to Residential and Fuel Reduction Burn Permits to allow burning in the Town of Paradise to begin at 6:00 a.m., taking effect on April 1st, 2023. (440-60-020, 440-05-027)
2e. Adopted Town of Paradise Resolution No. 2023-10, “A resolution approving Summary Vacation of an easement for road and public utility purposes being a Portion of Parcel 1 as described in that Dedication of Right of Way recorded August 26, 1948 in Book 488, page 299, Official Records of Butte County. And approving and accepting an easement for storm drainage purposes. And approving a summary vacation of an easement for storm drainage purposes as described in that Grant Deed recorded April 12, 1973, in Book 1828, at page 356, Official Records of Butte County. Said easements being over and across that real property held by The Eaglepointe Pacific Associates, a California limited partnership, being Assessor Parcel Numbers 053-380-001 through 053-380-044 and 053-380- 099, commonly known as 5975 Maxwell Drive.” (950-10-029) 2f. Adopted Resolution No. 2023-11, “A Resolution of the Town Council of the Town of Paradise Authorizing and Establishing an Order of Succession in the Event of Absence or Disability of the Town Manager.” (110-10-029)
3. ITEMS REMOVED FROM CONSENT CALENDAR - None
4. PUBLIC COMMUNICATION
1. Ward Habriel applauded Public Works/Snowplow Crew’s diligence during the recent storms. Mr. Habriel spoke in support of the local Garden Club and reminded residents that they will be open for their annual garden tour June 3rd-4
th
.
2. Rich Gowins thanked Kevin Phillips for his time as Town Manager and Director of PID. Mr. Gowins also expressed interest in Council reviewing the urgency ordinance in consideration of residents rebuilding goals. 19 5. PUBLIC HEARINGS
5a. Business and Housing Manager Kate Anderson provided an update on 2023-2024 Community Development Block Grant Annual Plan funding priorities.
Mayor Bolin opened the public hearing at 6:53 pm.
There was no public comment.
Mayor Bolin closed the public hearing at 6:54 pm.
This was the first of two public hearings to solicit comments and/or suggestions; no action was requested at the time. (710-10-103)
6. COUNCIL CONSIDERATION
6a. Town Manager Town Phillips presented the proposed agreement between the Town of Paradise and Marc Mattox to serve as interim Town Manager beginning April 14, 2023. Town Clerk Dina Volenski read a comment from Marc Mattox.
1. Carrie Max stated that she will miss Kevin Phillips.
MOTION by Crowder, seconded by Lassonde, Approved an agreement between the Town of Paradise and Marc Mattox to serve as interim Town Manager beginning April 14, 2023. Roll call vote was unanimous. (510-20-371) 6b. Recovery and Economic Development Director Colette Curtis provided an update on the proposed Federal Advocacy Platform.
MOTION by Tryon, seconded by Lassonde, Approved the updated Federal Advocacy Platform. Roll call vote was unanimous. (550-30-001) 6c. Community Development Director Susan Hartman provided an overview of the proposed agreements for on-call services for post-fire rebuilding assistance. Ms. Hartman clarified that the selected consultants would not be guaranteed work.
MOTION by Culleton, seconded by Crowder 1. Authorized staff to enter negotiations with recommended consultant(s) for as-needed post-fire rebuilding assistance (Community Development Dept. staff augmentation); and, 2. Authorized the Town Manager to enter into an agreement (or multiple agreements). The agreement(s) will be executed in a form approved by the Town Attorney. Roll call vote was unanimous. (510-20-372) 6d. Engineering Division Manager Ashley Stanley provided an overview of the proposed summary vacation.
MOTION by Lassonde, seconded by Culleton, Adopted Town of Paradise Resolution No. 2023-12, “A Resolution of the Town Council of the Town of Paradise Providing for the Summary Vacation of the Existing 12-foot-wide 20 Public Utility Easement along the South Property Line of Lot 8 of the Rancho Estates Subdivision and Located at 1525 Forest Circle, Paradise California:
APN 050-320-009.” Roll call vote was unanimous. (950-10-030) 6e. Town Attorney Scott Huber provided an overview of the proposed resolution proclaiming the existence of a local emergency due to the recent snow storms.
MOTION by Culleton, seconded by Tryon, Adopted Resolution No. 2023- 13, "A Resolution of the Town Council of the Town of Paradise Proclaiming the Existence of a Local Emergency.” Roll call vote was unanimous. (420-50-054)
7. COUNCIL INITIATED ITEMS AND REPORTS
7a. Council initiated agenda items:
7a1. Discuss expiring Urgency Ordinance No. 612. (CULLETON) 7a2. Discuss residential zoning to allow storage on property. (CULLETON)
Council Member Culleton asked to table items 7a1 and 7a2 in lieu of a Special Meeting be to held Friday, March 17th at 11:00 am. All Council concurred.
7b. Council reports on committee representation:
Council Member Lassonde attended a Tourism Business Improvement District meeting.
Council Member Crowder met with and toured Paradise with the Press Democrat for an article on Adventist Health.
Vice Mayor Tryon attended the TOP/PID Liaison meeting; a Community Meeting hosted by the Paradise Police to discuss the possible location of a sexually violent predator in the Town of Paradise; a BCAG board meeting and shared that the Town of Paradise was granted over $240,000 for the downtown sewer zoning overlay and the BCAG is continuing their work on the Paradise Transit Center; Butte County Air Management Board budget and finance committee meeting; and a Solid Waste Management Committee meeting. Ms. Tryon also shared that the recycling center will continue to be open Wednesday through Saturday and the Green Waste Yard is open Friday and Saturday.
Council Member Culleton attended the Solid Waste Management Committee meeting and a Consortium of Care meeting.
Mayor Bolin met with SPI over the lawsuit concerning the use of fire retardant; and attended the monthly LAFCo meeting.
7c. Future Agenda Items - None
21 8. STAFF COMMUNICATION
8a. Town Manager Kevin Phillips reported that the Town has partnered with PRPD and the Buffer Zone Project to use the California Resiliency Challenge Grant that Paradise was awarded last year. The contractors for this project have finished the actuarial and are now moving into the Executive Summary stage. Mr. Phillips explained that the next steps include meeting with the Department of California Insurance to update their regulations to allow insurance companies to take the mitigated risks of the buffer zones, hardened homes and maintained areas in Town, into consideration for insurance premiums. Town Manager Phillips presented to the Paradise Rotary an update on the Town’s current projects.
Community Development Director Susan Hartman provided an update sharing that the Planning Commission approved two affordable housing projects. The Community Development Department (CDD) has received an application for a use permit to rebuild and expand County Club Market on the corner of Stearns and Pentz. CDD is scheduled to issue permits for a 43-unit affordable housing complex on Maxwell Drive. Rebuild Paradise Foundation is working to get their Master Plans updated with the new code cycle to begin updating their online Master Plan Library. The façade and sign design for the Ross retail store has been approved. The Community Development Department is also working on preparing residential landscape designs for free for the public. Staff has also been working with Jack in the Box to locate a site to purchase and rebuild.
9. CLOSED SESSION - None
10. ADJOURNMENT
Mayor Bolin adjourned the meeting at 7:38 p.m.
Date approved:
By: Attest:
_______________________ ___________________________
Greg Bolin, Mayor Dina Volenski, CMC, Town Clerk
22 MINUTES
PARADISE TOWN COUNCIL
SPECIAL MEETING – 10:30 AM – March 17, 2023
1. OPENING
The Special meeting of the Paradise Town Council was called to order by Mayor Bolin at 10:30 a.m. in the Council Chambers located at 5555 Skyway, Paradise, California who led the Pledge of Allegiance to the Flag of the United States of America.
COUNCIL MEMBERS PRESENT: Steve Crowder, Steve “Woody” Culleton, Ron Lassonde, Rose Tryon and Greg Bolin, Mayor.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Town Manager Kevin Phillips, Town Clerk/Elections Official Dina Volenski, Town Attorney Scott E. Huber (via Teams), Economic Development Director Colette Curtis, and Community Development Director Tony Lindsey.
At 10:32 a.m. Mayor Bolin announced that the Town Council would adjourn to Closed Session for the following items:
Town Manager Phillips stated that agenda item 2b had been resolved and would not be discussed in Closed Session.
2. CLOSED SESSION
2a. Pursuant to Government Code section 54956.9(d)(4), the Town Council will meet with the Town Manager and Town Attorney to consider initiation of litigation - one (1) potential case.
2b. Pursuant to Government Code section 54956.9(d)(2), the Town Council will meet with the Town Manager and Town Attorney regarding potential exposure to litigation – one (1) potential case.
After reconvening from Closed Session at 11:01 a.m., Mayor Bolin announced that no reportable action was taken, direction was given.
3. ADJOURNMENT
Mayor Bolin adjourned the Council meeting at 11:01 a.m.
Date approved:
By: Attest:
________________________ _________________________
Greg Bolin, Mayor Dina Volenski, CMC, Town Clerk
23 MINUTES
PARADISE TOWN COUNCIL
SPECIAL MEETING – 11:00 PM – March 17, 2023
1. OPENING
The Special meeting of the Paradise Town Council was called to order by Mayor Bolin at 11:01 p.m. in the Council Chambers located at 5555 Skyway, Paradise, California who led the Pledge of Allegiance to the Flag of the United States of America.
COUNCIL MEMBERS PRESENT: Steve Crowder, Steve “Woody” Culleton, Ron Lassonde, Rose Tryon and Greg Bolin, Mayor.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Town Manager Kevin Phillips, Town Clerk/Elections Official Dina Volenski, Town Attorney Scott E. Huber (via Teams), Recovery and Economic Development Director Colette Curtis, Community Development Director Susan Hartman, Community Development Director Tony Lindsey, Code Enforcement Supervisor Roy Wallis, and Code Enforcement Officer Chris Kruger.
2. COUNCIL CONSIDERATION
2a. After discussion, consider waiving the reading of entire Town of Paradise Urgency Ordinance No. 624, and adopting Town of Paradise Urgency Ordinance No. 624, “An Urgency Ordinance of the Town Council of the Town of Paradise Amending Urgency Ordinance No. 612 and adopting New Urgency Ordinance 624 Relating to Interim Housing, Accessory Building(s) and Unoccupied Recreational Vehicles Inside the Camp Fire Area”.
Council Member Culleton stated that he asked that this item be discussed prior to the expiration of the ordinance.
Town Council provided an overview of the proposed Urgency Ordinance No. 624, relating to interim housing, accessory building(s) and unoccupied recreational vehicles inside the Camp Fire Area.
Mayor Bolin read a statement regarding the urgency ordinance, hoping that the Town Council would adopt:
“To give temporary use permit holders more time, and to comply with the Town’s Housing Element, Paradise Town Council has extended the expiration of the Housing Urgency Ordinance to April 30, 2024. The Town will continue working in cooperation with each permit holder to rebuild or find permanent housing.”
Mayor Bolin opened discussion on the item:
24 1. Carrie Max spoke in favor of this item.
2. Rona Coyle asked how the Town informed residents that a permit was needed to stay in RV’s and shared that she thought ending the urgency ordinance would negatively affect businesses in Paradise.
3. David Breed spoke in favor of this item.
4. Franci Lamb asked the purpose of the ordinance and supported allowing the storage of the RV’s on undeveloped property.
5. Jorge Acasta spoke in favor of this item.
6. Annie Westerbeck spoke in favor of this item.
Motion by Culleton, seconded by Tryon, Waived the reading of entire Town of Paradise Urgency Ordinance No. 624, and adopted Town of Paradise Urgency Ordinance No. 624, “An Urgency Ordinance of the Town Council of the Town of Paradise Amending Urgency Ordinance No. 612 and adopting New Urgency Ordinance 624 Relating to Interim Housing, Accessory Building(s) and Unoccupied Recreational Vehicles Inside the Camp Fire Area”. Roll call vote was unanimous.
The urgency ordinance is effective immediately.
3. ADJOURNMENT
Mayor Bolin adjourned the Council meeting at 11:24 p.m.
Date approved:
By: Attest:
________________________ _________________________
Greg Bolin, Mayor Dina Volenski, CMC, Town Clerk
25 TOWN OF PARADISE
CASH DISBURSEMENTS REPORT
FOR THE PERIOD OF
March 1, 2023 - March 31, 2023
26 CASH DISBURSEMENTS REPORT
March 1, 2023 - March 31, 2023
Check Date Pay Period End Description Amount Total
3/3/2023 2/26/2023 Net Payroll - Direct Deposits and Checks $ 226,808.40 3/8/2023 3/8/2023 Net Payroll - Direct Deposits and Checks 1,852.48 3/17/2023 3/12/2023 Net Payroll - Direct Deposits and Checks 216,339.28 3/23/2023 3/23/2023 Net Payroll - Direct Deposits and Checks 11,221.58 3/31/2023 3/26/2023 Net Payroll - Direct Deposits and Checks 216,308.44 $ 672,530.18
Accounts Payable
Payroll Vendors: Taxes, PERS, Dues, Insurance, Etc. 385,837.61 Operations Vendors: Supplies, Contracts, Utilities, Etc. $ 3,749,131.95 TOTAL CASH DISBURSEMENTS ACCOUNTS PAYABLE 4,134,969.56
GRAND TOTAL CASH DISBURSEMENTS $ 4,807,499.74
APPROVED BY:
Kevin Phillips, Town Manager
27 Number Date Status Void Reason
Reconciled/
Voided Date
Transaction
Amount
Reconciled
Amount Difference
82904 03/02/2023 Open $781.25
82905 03/02/2023 Open $173.16
82906 03/07/2023 Open $2,952.08
82907 03/07/2023 Open $194.76
82908 03/09/2023 Open $310.00
82909 03/09/2023 Open $104.22
82910 03/09/2023 Open $202,882.19
82911 03/09/2023 Open $16.80
82912 03/09/2023 Open $110.79
82913 03/09/2023 Open $176.55
82914 03/09/2023 Open $89.46
82915 03/09/2023 Open $212.09
82916 03/09/2023 Open $22.82
82917 03/09/2023 Open $2,144.45
82918 03/09/2023 Open $23.77
82919 03/09/2023 Open $1,138.44
82920 03/09/2023 Open $431.00
82921 03/09/2023 Open $94.11
82922 03/09/2023 Open $140.00
82923 03/09/2023 Open $27.75
82924 03/09/2023 Open $14,239.96
82925 03/09/2023 Open $4,000.00
82926 03/09/2023 Open $670.50
82927 03/09/2023 Open $406.40
82928 03/09/2023 Open $416.40
82929 03/09/2023 Open $1,500.00
82930 03/09/2023 Open $174.97
82931 03/09/2023 Open $29,711.00
82932 03/09/2023 Open $1,092.50
82933 03/09/2023 Open $15,961.24
82934 03/09/2023 Open $62.43
82935 03/09/2023 Open $30.00
82936 03/09/2023 Open $714.00
82937 03/09/2023 Open $314.35
82938 03/09/2023 Open $2,558.33
82939 03/09/2023 Open $1,200.00
82940 03/09/2023 Open $98.92
82941 03/09/2023 Open $195.49
82942 03/09/2023 Open $200.00
82943 03/09/2023 Open $145.47
82944 03/09/2023 Open $5,296.00
82945 03/09/2023 Open $47,600.00
82946 03/09/2023 Open $191,062.69
82947 03/09/2023 Open $160.00
82948 03/09/2023 Open $19,277.53
82949 03/09/2023 Open $186.45
82950 03/09/2023 Open $1,023,151.51
Accounts Payable Azco Supply Inc
Accounts Payable I.M.P.A.C. PAYMENTS IMPAC GOV SVCS/US BANCORP Accounts Payable JOHNNY ON THE SPOT PORTABLES
Accounts Payable KNIFE RIVER CONSTRUCTION
Accounts Payable Hope Crisis Response Network, Inc
Accounts Payable HQE Systems, Inc.
Accounts Payable HYDROTEC SOLUTIONS
Accounts Payable GOVERNOR'S OFFICE OF EMERGENCY SERVICES Accounts Payable GREAT AMERICA LEASING CORP.
Accounts Payable GREEN RIDGE LANDSCAPING
Accounts Payable ESRI
Accounts Payable EVERGREEN JANITORIAL SUPPLY, INC.
Accounts Payable FLORES TOOL & FASTENER
Accounts Payable ENLOE MEDICAL CENTER, INC.
Accounts Payable ENTENMANN-ROVIN COMPANY
Accounts Payable ENTERPRISE FM TRUST
Accounts Payable Dokken Engineering, Inc.
Accounts Payable DURHAM PENTZ TRUCK CENTER
Accounts Payable Eidhammer, Trenton
Accounts Payable Daniel, Joseph
Accounts Payable Dirt to Doorknobs
Accounts Payable DOBRICH & SONS SEPTIC
Accounts Payable COMCAST CABLE
Accounts Payable COMCAST CABLE
Accounts Payable Crowder, Steven
Accounts Payable Blue Flamingo Marketing Advocates
Accounts Payable Broad & Gusman
Accounts Payable BUTTE CO RECORDER
Accounts Payable Batteries Plus Bulbs
Accounts Payable Big O Tires
Accounts Payable Biometrics4ALL, Inc
Accounts Payable AT&T/CALNET3 - Summary
Accounts Payable AT&T/CALNET3 - TH/FDPD FIBER LINES
Accounts Payable AT&T/CALNET3 - REPEATER LINES
Accounts Payable AT&T/CALNET3 - COMMUNITY PARK
Accounts Payable AT&T/CALNET3 - Summary
AT&T MOBILITY
Accounts Payable AT&T MOBILITY
Accounts Payable Aiello, Diane
Accounts Payable All-American Construction, Inc.
Accounts Payable American River Benefit Administrators
Accounts Payable
TOWN OF PARADISE
Payment Register
From Payment Date: 3/1/2023 - To Payment Date: 3/31/2023 Source Payee Name
Accounts Payable ICMA 457 - MissionSquare
Accounts Payable STATE DISBURSEMENT UNIT
Accounts Payable ADVANCED DOCUMENT CONCEPTS
AP - US Bank TOP AP Checking
Check
Accounts Payable De Lage Landen Public Finance LLC
Accounts Payable SBA Monarch Towers III LLC
Accounts Payable AT&T & CALNET3 - CIRCUIT LINES
28 Number Date Status Void Reason
Reconciled/
Voided Date
Transaction
Amount
Reconciled
Amount Difference
TOWN OF PARADISE
Payment Register
From Payment Date: 3/1/2023 - To Payment Date: 3/31/2023 Source Payee Name
AP - US Bank TOP AP Checking
Check
82951 03/09/2023 Open $1,200.00
82952 03/09/2023 Open $4,935.14
82953 03/09/2023 Open $164.86
82954 03/09/2023 Open $820.90
82955 03/09/2023 Open $14,933.47
82956 03/09/2023 Open $24,000.00
82957 03/09/2023 Open $13,977.00
82958 03/09/2023 Open $2,800.00
82959 03/09/2023 Open $511.00
82960 03/09/2023 Open $6,700.00
82961 03/09/2023 Open $2,327.13
82962 03/09/2023 Open $420.00
82963 03/09/2023 Open $641.12
82964 03/09/2023 Open $6,299.78
82965 03/09/2023 Open $1,233.60
82966 03/09/2023 Open $917.66
82967 03/09/2023 Open $690.00
82968 03/09/2023 Open $1,097.98
82969 03/09/2023 Open $1,124.30
82970 03/09/2023 Open $90.02
82971 03/09/2023 Open $7,500.00
82972 03/09/2023 Open $68.75
82973 03/09/2023 Open $15.00
82974 03/09/2023 Open $195.46
82975 03/09/2023 Open $112.46
82976 03/09/2023 Open $18,918.65
82977 03/09/2023 Open $18,692.52
82978 03/09/2023 Open $26,543.70
82979 03/09/2023 Open $17,151.97
82980 03/09/2023 Open $1,700.00
82981 03/09/2023 Open $1,670.00
82982 03/09/2023 Open $2,500.00
82983 03/09/2023 Open $104.22
82984 03/09/2023 Open $1,512.00
82985 03/09/2023 Open $34,526.16
82986 03/09/2023 Open $2,800.00
82987 03/09/2023 Open $750.00
82988 03/09/2023 Open $3,500.00
82989 03/09/2023 Open $1,558.47
82990 03/09/2023 Open $45.00
82991 03/09/2023 Open $625.21
82992 03/09/2023 Open $184.04
82993 03/09/2023 Open $90.00
82994 03/09/2023 Open $292.58
82995 03/09/2023 Open $36,500.00
82996 03/09/2023 Open $5,610.00
82997 03/09/2023 Open $146.35
Accounts Payable Wayne A. Murphy General Contractor
Accounts Payable White Glove Cleaning Svc Inc, Theresa Contreras Accounts Payable WITTMEIER AUTO CENTER
Accounts Payable TUCKER PEST CONTROL INC
Accounts Payable VALLEY OAK VETERINARY CENTER
Accounts Payable Tatom, Tyler, S
Accounts Payable THOMAS ACE HARDWARE - ENG. DEPT.
Accounts Payable THOMAS ACE HARDWARE - FIRE DEPT.
Accounts Payable T & L Construction
Accounts Payable T & L Construction
Accounts Payable T MOBILE USA, INC.
Accounts Payable Spherion Staffing
Accounts Payable SUTTER BUTTES COMMUNICATIONS, INC.
Accounts Payable T & L Construction
Accounts Payable RE CONSTRUCTION
Accounts Payable Richardson & Company, LLP
Accounts Payable Sadboury, Sima
Accounts Payable Psomas
Accounts Payable Psomas
Accounts Payable RE CONSTRUCTION
Accounts Payable Psomas
Accounts Payable Psomas
Accounts Payable Psomas
Accounts Payable PETERSON TRACTOR CO
Accounts Payable PICKERING, ROBERT
Accounts Payable PLATT ELECTRIC SUPPLY
Accounts Payable PARADISE AUTO BODY
Accounts Payable PARADISE POST
Accounts Payable PARADISE SANITATION COMPANY
Accounts Payable OROVILLE FORD
Accounts Payable Oroville Hospital
Accounts Payable PACIFIC GAS & ELECTRIC
Accounts Payable NORTHSTATE AGGREGATE, INC.
Accounts Payable O'REILLY AUTO PARTS
Accounts Payable OFFICE DEPOT ACCT#36233169
Accounts Payable MORGAN TREE SERVICE
Accounts Payable NORTHERN RECYCLING & WASTE SERVICES, INC.
Accounts Payable NORTHSTAR
Accounts Payable Mennonite Disaster Service
Accounts Payable Meyers Police K-9 Training, LLC
Accounts Payable MID VALLEY TITLE & ESCROW
Accounts Payable Look Ahead Veterinary Services
Accounts Payable Mark Thomas & Company Inc
Accounts Payable Mennonite Disaster Service
Accounts Payable KOEFRAN INDUSTRIES
Accounts Payable L.N. CURTIS & SONS
Accounts Payable LIFE ASSIST INC
29 Number Date Status Void Reason
Reconciled/
Voided Date
Transaction
Amount
Reconciled
Amount Difference
TOWN OF PARADISE
Payment Register
From Payment Date: 3/1/2023 - To Payment Date: 3/31/2023 Source Payee Name
AP - US Bank TOP AP Checking
Check
82998 03/09/2023 Open $150.85
82999 03/16/2023 Open $57.98
83000 03/16/2023 Open $11,462.93
83001 03/16/2023 Open $1,071.00
83002 03/16/2023 Open $1,820.96
83003 03/16/2023 Open $7,015.90
83004 03/16/2023 Open $852.09
83005 03/16/2023 Open $80.00
83006 03/21/2023 Open $3,452.08
83007 03/21/2023 Open $194.76
83008 03/23/2023 Open $26,340.00
83009 03/23/2023 Open $30,000.00
83010 03/23/2023 Open $237.75
83011 03/23/2023 Open $53,700.00
83012 03/23/2023 Open $18.85
83013 03/23/2023 Open $2,331.00
83014 03/23/2023 Open $859.90
83015 03/23/2023 Open $110.79
83016 03/23/2023 Open $69.55
83017 03/23/2023 Open $212.09
83018 03/23/2023 Open $22.82
83019 03/23/2023 Open $1,998.34
83020 03/23/2023 Open $23.94
83021 03/23/2023 Open $1,138.44
83022 03/23/2023 Open $30.57
83023 03/23/2023 Open $175.00
83024 03/23/2023 Open $175.00
83025 03/23/2023 Open $447.57
83026 03/23/2023 Open $98,075.00
83027 03/23/2023 Open $5,000.00
83028 03/23/2023 Open $6,374.65
83029 03/23/2023 Open $1,918.54
83030 03/23/2023 Open $826.00
83031 03/23/2023 Open $2,000.00
83032 03/23/2023 Open $401.40
83033 03/23/2023 Open $421.40
83034 03/23/2023 Open $148.40
83035 03/23/2023 Open $6,200.00
83036 03/23/2023 Open $785.80
83037 03/23/2023 Open $1,167,123.72
83038 03/23/2023 Open $259.31
83039 03/23/2023 Open $8,239.93
83040 03/23/2023 Open $216.88
83041 03/23/2023 Open $109.95
83042 03/23/2023 Open $36,781.83
83043 03/23/2023 Open $1,500.00
83044 03/23/2023 Open Accounts Payable Flud, Michael $379.50 Accounts Payable Entersect
Accounts Payable Escheman Construction Company
Accounts Payable FEATHER RIVER CONSTRUCTION
Accounts Payable DOGGIE WALK BAGS, INC.
Accounts Payable Dokken Engineering, Inc.
Accounts Payable ENTENMANN-ROVIN COMPANY
Accounts Payable Creative Composition Inc
Accounts Payable DEPARTMENT OF FORESTRY & FIRE PROTECTION Accounts Payable COMCAST CABLE
Accounts Payable COMCAST CABLE
Accounts Payable CRAIG DREBERTS AUTOMOTIVE
Accounts Payable CALIFORNIA STATE DEPARTMENT OF JUSTICE Accounts Payable Chico Meals on Wheels
Accounts Payable COMCAST CABLE
Accounts Payable BUTTE CO DISTRICT ATTORNEY
Accounts Payable Butte Co Public Health
Accounts Payable BUTTE COMMUNITY COLLEGE
Accounts Payable BIDWELL TITLE & ESCROW
Accounts Payable Big O Tires
Accounts Payable Bob Walters Jr. Construction Inc.
Accounts Payable AT&T/CALNET3 - TH/FDPD FIBER LINES
Accounts Payable AWARDS COMPANY
Accounts Payable BIDWELL TITLE & ESCROW
Accounts Payable AT&T/CALNET3 - COMMUNITY PARK
Accounts Payable AT&T/CALNET3 - Summary
Accounts Payable AT&T/CALNET3 - Summary
Accounts Payable AT&T & CALNET3 - CIRCUIT LINES
Accounts Payable AT&T MOBILITY
Accounts Payable AT&T/CALNET3 - REPEATER LINES
Accounts Payable ADVANCED DOCUMENT CONCEPTS
Accounts Payable ALLIANT INSURANCE
Accounts Payable AT&T & CALNET3 - CIRCUIT LINES
Accounts Payable ACCELA, INC.
Accounts Payable ACCESS INFORMATION PROTECTED
Accounts Payable Adams Ashby Group, Inc.
Accounts Payable ICMA 457 - MissionSquare
Accounts Payable STATE DISBURSEMENT UNIT
Accounts Payable 4LEAF, Inc
Accounts Payable SUPERIOR VISION SVC NGLIC
Accounts Payable TOP CONFIDENTIAL MID MGMT ASSOCIATION
Accounts Payable OPERATING ENGINEERS
Accounts Payable PARADISE POLICE OFFICERS ASSOCIATION
Accounts Payable SUN LIFE INSURANCE
Accounts Payable YOWZERS.COM
Accounts Payable Aflac
Accounts Payable Met Life
30 Number Date Status Void Reason
Reconciled/
Voided Date
Transaction
Amount
Reconciled
Amount Difference
TOWN OF PARADISE
Payment Register
From Payment Date: 3/1/2023 - To Payment Date: 3/31/2023 Source Payee Name
AP - US Bank TOP AP Checking
Check
83045 03/23/2023 Open $501.57
83046 03/23/2023 Open $1,179.70
83047 03/23/2023 Open $400.00
83048 03/23/2023 Open $129.31
83049 03/23/2023 Open $22,692.50
83050 03/23/2023 Open $36,880.05
83051 03/23/2023 Open $117.12
83052 03/23/2023 Open $16,172.02
83053 03/23/2023 Open $362.70
83054 03/23/2023 Open $6,250.00
83055 03/23/2023 Open $1,222.35
83056 03/23/2023 Open $32,990.32
83057 03/23/2023 Open $229.93
83058 03/23/2023 Open $625.75
83059 03/23/2023 Open $25.00
83060 03/23/2023 Open $2,939.29
83061 03/23/2023 Open $89,410.49
83062 03/23/2023 Open $3.87
83063 03/23/2023 Open $446.63
83064 03/23/2023 Open $1,700.00
83065 03/23/2023 Open $138.44
83066 03/23/2023 Open $39.99
83067 03/23/2023 Open $1,350.46
83068 03/23/2023 Open $30,000.00
83069 03/23/2023 Open $3,263.99
83070 03/23/2023 Open $44.07
83071 03/23/2023 Open $17,744.68
83072 03/23/2023 Open $3,455.00
83073 03/23/2023 Open $3,600.00
83074 03/23/2023 Open $1,860.00
83075 03/23/2023 Open $3,877.09
83076 03/23/2023 Open $741.15
83077 03/23/2023 Open $183.87
83078 03/23/2023 Open $479.99
83079 03/23/2023 Open $1,670.00
83080 03/23/2023 Open $19,337.66
83081 03/23/2023 Open $120.00
83082 03/23/2023 Open $9,226.04
83083 03/23/2023 Open $3,033.69
83084 03/23/2023 Open $5,753.03
83085 03/23/2023 Open $17,470.65
83086 03/23/2023 Open $8,225.87
83087 03/23/2023 Open $5,221.78
83088 03/23/2023 Open $12,230.37
83089 03/23/2023 Open $11,369.71
83090 03/23/2023 Open $10,866.71
83091 03/23/2023 Open $13,306.27
PARADISE ALLIANCE CHURCH
Accounts Payable
PG&E CFM/PPC Department
PG&E CFM/PPC Department
PG&E CFM/PPC Department
Accounts Payable PG&E CFM/PPC Department
Accounts Payable PG&E CFM/PPC Department
Accounts Payable
Accounts Payable NV5, Inc.
Accounts Payable
Accounts Payable
Accounts Payable NorthWestern Construction
Accounts Payable Nor-Cal Integrated Builders
Accounts Payable North State Tire Co. Inc.
Accounts Payable Northern California Glove & Safety
NORTHGATE PETROLEUM CO
Accounts Payable NORTHSTAR
NV5, Inc.
Accounts Payable MOTOROLA
Accounts Payable MUNIMETRIX SYSTEMS CORP
Accounts Payable NICOLETTI, CHRISTOPHER
Accounts Payable Midwest Veterinary Supply, Inc
Accounts Payable MILLER GLASS INC
Accounts Payable MORGAN TREE SERVICE
Accounts Payable LOCATE PLUS CORPORATION
Accounts Payable Mark Thomas & Company Inc
Accounts Payable MID VALLEY TITLE & ESCROW
Accounts Payable LEHR AUTO ELECTRIC STOMMEL, INC.
Accounts Payable LES SCHWAB TIRE CENTER - MOTORPOOL
Accounts Payable LIFE ASSIST INC
Accounts Payable INTERSTATE OIL COMPANY
Accounts Payable Jennifer Arbuckle
Accounts Payable Kevin Sharrah Designs
Accounts Payable HDR Engineering, Inc
Accounts Payable Huggins, Jeannette
Accounts Payable I.M.P.A.C. PAYMENTS IMPAC GOV SVCS/US BANCORP Accounts Payable Granicher Appraisals, Inc
Accounts Payable GREAT AMERICA LEASING CORP.
Accounts Payable HDR Engineering, Inc
Accounts Payable FOOTHILL MILL & LUMBER
Accounts Payable Golden State Emergency Vehicle Service, Inc.
Accounts Payable O'REILLY AUTO PARTS
PG&E CFM/PPC Department
Accounts Payable PG&E CFM/PPC Department
Accounts Payable PG&E CFM/PPC Department
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable OFFICE DEPOT ACCT#36233169
Accounts Payable OROVILLE FORD
Accounts Payable Oroville Tow & Salvage
PG&E CFM/PPC Department
PG&E CFM/PPC Department
Accounts Payable PACIFIC GAS & ELECTRIC
Accounts Payable
31 Number Date Status Void Reason
Reconciled/
Voided Date
Transaction
Amount
Reconciled
Amount Difference
TOWN OF PARADISE
Payment Register
From Payment Date: 3/1/2023 - To Payment Date: 3/31/2023 Source Payee Name
AP - US Bank TOP AP Checking
Check
83092 03/23/2023 Open $6,001.10
83093 03/23/2023 Open $10,488.21
83094 03/23/2023 Open $9,825.61
83095 03/23/2023 Open $254.40
83096 03/23/2023 Open $635.00
83097 03/23/2023 Open $809.00
83098 03/23/2023 Open $50.00
83099 03/23/2023 Open $418.25
83100 03/23/2023 Open $282.87
83101 03/23/2023 Open $2,936.26
83102 03/23/2023 Open $4,842.00
83103 03/23/2023 Open $54.00
83104 03/23/2023 Open $321.53
83105 03/23/2023 Open $104.23
83106 03/23/2023 Open $45.72
83107 03/23/2023 Open $81.51
83108 03/23/2023 Open $220.00
83109 03/23/2023 Open $898.05
83110 03/23/2023 Open $38.00
83111 03/23/2023 Open $219.76
83112 03/23/2023 Open $408.25
83113 03/23/2023 Open $1,147.50
83114 03/23/2023 Open $247.32
83115 03/23/2023 Open $342.09
83116 03/23/2023 Open $475.93
83117 03/23/2023 Open $1,574.95
83118 03/23/2023 Open $1,550.00
$3,764,621.45
1400 03/01/2023 Open $11,790.38
1401 03/01/2023 Open $40,961.03
1402 03/07/2023 Open $52,496.84
1403 03/07/2023 Open $8,800.76
1404 03/09/2023 Open $77.84
1405 03/09/2023 Open $333.67
1406 03/09/2023 Open $142,173.36
1407 03/16/2023 Open $52,652.05
1408 03/16/2023 Open $10,361.38
1409 03/16/2023 Open $37,035.76
1410 03/21/2023 Open $8,800.76
1411 03/23/2023 Open $1,365.26
1412 03/23/2023 Open $3,499.02
$370,348.11
Checks Status Count
Open 215
VERIZON WIRELESS
Accounts Payable Williams Scotsman, Inc. (Mobile Mini)
Accounts Payable WITTMEIER AUTO CENTER
Accounts Payable
Type Check Totals: 215 Transactions
EFT
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable ING LIFE INS & ANNUITY COMPANY
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable ING LIFE INS & ANNUITY COMPANY
Accounts Payable EMPLOYMENT DEVELOPMENT DEPARTMENT
Accounts Payable INTERNAL REVENUE SERVICE
Type EFT Totals: 13 Transactions
AP - US Bank TOP AP Checking Totals
$3,764,621.45 $0.00
Reconciled Amount
INTERNAL REVENUE SERVICE
Transaction Amount
INTERNAL REVENUE SERVICE
THOMAS ACE HARDWARE - FIRE DEPT.
Accounts Payable THOMAS ACE HARDWARE - MOTORPOOL
X-Ray Engineering, Inc
EMPLOYMENT DEVELOPMENT DEPARTMENT
INTERNAL REVENUE SERVICE
VERIZON WIRELESS
Accounts Payable
CALPERS
CALPERS - RETIREMENT
Accounts Payable PG&E CFM/PPC Department
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable RENTAL GUYS - CHICO
Accounts Payable
Accounts Payable
Accounts Payable
Premeir Solar Energy
Spherion Staffing
THOMAS ACE HARDWARE - ENG. DEPT.
SRM General Contracting
Accounts Payable Tahoe Pure Water Co.
RegasGroup Environmental Consultants
Sigler Pest Control
PG&E CFM/PPC Department
SKYWAY TOOL CENTER
SONSRAY MACHINERY LLC
PG&E CFM/PPC Department
THRIFTY ROOTER
Accounts Payable Tri Flame Propane
EMPLOYMENT DEVELOPMENT DEPARTMENT
Accounts Payable
Accounts Payable
Accounts Payable
THOMAS ACE HARDWARE - POLICE DEPT.
Accounts Payable TUCKER PEST CONTROL INC
Accounts Payable Valley Lock & Safe
Accounts Payable Vannucci, Dominic
Accounts Payable VERIZON WIRELESS
Accounts Payable
CALPERS - RETIREMENT
EMPLOYMENT DEVELOPMENT DEPARTMENT
32 Number Date Status Void Reason
Reconciled/
Voided Date
Transaction
Amount
Reconciled
Amount Difference
TOWN OF PARADISE
Payment Register
From Payment Date: 3/1/2023 - To Payment Date: 3/31/2023 Source Payee Name
AP - US Bank TOP AP Checking
Check
Reconciled 0
Voided 0
Stopped 0
Total 215
EFTs Status Count
Open 13
Reconciled 0
Voided 0
Total 13
All Status Count
Open 228
Reconciled 0
Voided 0
Stopped 0
Total 228
Checks Status Count
Open 218
Reconciled 0
Voided 0
Stopped 0
Total 218
EFTs Status Count
Open 316
Reconciled 0
Voided 0
Total 316
All Status Count
Open 534
Reconciled 0
Voided 0
Stopped 0
Total 534
$0.00 $0.00
$0.00 $0.00
$4,807,499.74 $0.00
$0.00 $0.00
$1,027,714.53 $0.00
Transaction Amount Reconciled Amount
$4,807,499.74 $0.00
$0.00 $0.00
$0.00 $0.00
$3,779,785.21 $0.00
Transaction Amount Reconciled Amount
$1,027,714.53 $0.00
$0.00 $0.00
Grand Totals:
Transaction Amount Reconciled Amount
$3,779,785.21 $0.00
$0.00 $0.00
$0.00 $0.00
$4,134,969.56 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$4,134,969.56 $0.00
$370,348.11 $0.00
$0.00 $0.00
$0.00 $0.00
$370,348.11 $0.00
Transaction Amount Reconciled Amount
Reconciled Amount
$0.00
$0.00
$0.00
$0.00 $0.00
$0.00
$0.00
$3,764,621.45
Transaction Amount
33 Town of Paradise
Council Agenda Summary
Date: April 11, 2023
Agenda Item: 2(c)
ORIGINATED BY: Sarah Richter, Housing Program Technician REVIEWED BY: Kate Anderson, Housing Program Manager
SUBJECT: Amendment to the CalHome First-Time Home Buyer Program Guidelines
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Rescind Resolution No. 2022-67 “A Resolution of The Town Council of The Town of Paradise Adopting the New CalHome Homebuyer Acquisition Only/Acquisition With Rehabilitation Programs Guidelines”; and,
2. Adopt Resolution No. 2023 - ____ “A Resolution of The Town Council of The Town of Paradise Adopting the New CalHome Homebuyer Acquisition Only/Acquisition With Rehabilitation Programs Guidelines”.
Background:
Since 1995, through various grant sources, the Town of Paradise has provided financial assistance in the form of down-payment assistance to low-income residents. In September of 2022, the Town reduced the number of overlays to increase the funding available per household.
Since that time, the Town has received 35 applications, has made 4 loans, and has 7 applicants in escrow, which is a substantial increase in activity in this program since the fire. Because the Town is lending larger amounts, the risk to the Town as the lender has also increased.
Analysis:
It is the recommendation of Staff to adopt changes to the down-payment assistance program under CalHome to include minimum credit requirements. Staff recommends a minimum credit score of 620 and no items in collections. Lending institutions periodically adjust minimum credit requirements based on market conditions for their industry, so these credit requirements are more stringent than other institutions but only in this current real estate and lending market. It does mean that some applicants who are otherwise qualified for the Town’s downpayment assistance program will be ineligible, but credit scores and collection accounts are improvable. The number of otherwise qualified applicants is minimal, and doing so makes the Town better equipped to remain a prudent lender of CalHome funds.
Financial Impact:
There will be impact to the general fund and little to no impact to the Housing department budget. 34
TOWN OF PARADISE
RESOLUTION NO. 2023-____
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE RESCINDING RESOLUTION 2022-67 AND ADOPTING THE NEW CALHOME
SPONSORED FIRST-TIME HOMEBUYER MORTGAGE ASSISTANCE PROGRAM
GUIDELINES
WHEREAS, the Town Council desires to rescind Resolution No. 2022-67 and adopt the updated guidelines 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 adopts the CalHome Sponsored First-Time Homebuyer Mortgage Assistance Program Guidelines dated March 28, 2023, 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 11th day of April 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:_________________________________
Greg Bolin, Mayor
ATTEST:
Dina Volenski, Town Clerk
APPROVED AS TO FORM:
Scott E. Huber, Town Attorney
35
“EXHIBIT A”
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 36
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 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. All applicants must have a credit score of at least 620 and no items in collections. 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 owner-occupied; the entire loan is due and payable when the home is no longer occupied by borrower. If the loan in first position is a USDA 502 loan, the term of the loan from the Town will match the term of the USDA loan if it is longer than 30-years.
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 37
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. 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. In only these circumstances is the loan transferable: a transfer to a surviving joint tenant by devise, descent, or operation of law on the death of a joint tenant; a transfer in which the transferee is a person who occupies or will occupy the property, which is: a transfer where the spouse becomes an owner of the property; a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement by which the spouse becomes an owner of the property; or, a transfer into an inter-vivo or living trust in which the homebuyer is and will remain the beneficiary and occupant of the property. Borrower may begin making voluntary payment to the Town at any time.
38 Town of Paradise
Council Agenda Summary
Date: April 11, 2023
Agenda Item: 2(d)
ORIGINATED BY: Colette Curtis, Recovery and Economic
Development Director
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Legislative Committee Actions – Letters of Support AB 556 and AB 573
LONG TERM
RECOVERY PLAN:
Yes
COUNCIL ACTION REQUESTED:
1. Consider reviewing and ratifying the submission of the letter of sponsorship for AB 556 (Gallagher) and the letter of support for AB 573 (Garcia).
Background:
At the February and March 2023 Council meetings, Paradise Town Council indicated their desire to submit a letter of sponsorship for AB 556 and a letter of support for AB 573.
Analysis:
AB 556 is a bill introduced by Assembly Member James Gallagher which allows the base year value of property that is substantially damaged or destroyed by a disaster, as declared by the Governor, to be transferred to a comparable property in the same county, which is acquired or newly constructed within 5 years of the disaster. The attached letter indicates Paradise Town Council’s sponsorship of this bill.
AB 573 is a bill introduced by Assembly Member Eduardo Garcia which would assist local jurisdictions in meeting their SB 2383 organic waste diversion requirements by allowing Californiaderived material processed at existing out-of-state compost facilities to count towards their procurement requirements.
Financial Impact:
There is no financial impact associated with this item.
Attachments: Letter of sponsorship for AB 556 (Gallagher) and the letter of support for AB 573 (Garcia).
39 40
41 Town of Paradise
Council Agenda Summary
Date: April 11, 2023
Agenda Item: 5(a)
ORIGINATED BY: Kate Anderson, Housing Program Manager
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: 2
nd Public Hearing and Approval of Community
Development Block Grant (CDBG) 2023-2024 Annual
Action Plan
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Conduct the duly noticed and scheduled second public hearing to solicit comments and/or suggestions regarding the Draft 2023-2024 Annual Action Plan; and
2. Adopt the Draft 2023-2024 Annual Action Plan as submitted; or
3. Revise the Draft 2023-2024 Annual Action Plan as submitted; and
4. Authorize staff to submit the adopted 2023-2024 Annual Action Plan to the U.S.
Department of Housing and Urban Development should no public comment be received.
Background:
The Town of Paradise has been a U.S. Department of Housing and Development (HUD) entitlement city since 1994. HUD awards grants to entitlement communities to carry out a wide range of community development activities directed toward housing, public infrastructure and improvements, economic development, and public services.
Entitlement communities develop their own programs and funding priorities. However, grantees must give maximum feasible priority to activities which benefit low- and moderateincome persons. A grantee may also carry out activities which aid in the prevention or elimination of slum or blight. Additionally, grantees may fund activities when the grantee certifies that the activities meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health and welfare of the community where other financial resources are not available to meet such needs. CDBG funds may not be used for activities which do not meet these broad national objectives.
HUD determines the amount of each entitlement grant by a statutory formula which uses several objective measures of community needs, including the extent of poverty, population, housing overcrowding, age of housing and population growth lag in relationships to other metropolitan areas.
Annual Action Plan Proposed Funding Allocations:
42 The Town will continue to support low- and moderate-income households by providing housing assistance to support development of affordable homeownership and public services for LMI households in Paradise.
2023 Staff Recommended Funding Breakdown:
Housing Assistance $65,449
Public Services $15,104
Program administration $20,138
TOTAL: $100,691
Fiscal Impact Analysis:
The impact of this agenda item and subsequent actions related to the CDBG Program is positive, as it will result in the award of approximately $100,691 in federal funds. There is no impact to the General Fund.
43 Annual Action Plan
2022
1 OMB Control No: 2506-0117 (exp. 09/30/2021)
2023 Annual Action Plan
DRAFT
Town of Paradise
5555 Skyway
Paradise, CA 95969
44 Annual Action Plan
2022
2 OMB Control No: 2506-0117 (exp. 09/30/2021)
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
1. Introduction
The Town of Paradise, through its Community Development Block Grant (CDBG) program, strives to provide affordable and decent housing, a suitable living environment and economic opportunities especially for low- to moderate-income (LMI) households and special needs communities. The Town is designated as an entitlement community by the U.S. Department of Housing and Urban Development (HUD), enabling it to be eligible for federal CDBG funds allocated through HUD’s Community Planning Development program. These funds will help the Town address the community development objectives outlined by HUD, which include, but are not limited to: affirmatively furthering fair housing, affordable housing activities, public infrastructure & facilities improvements, and public services.
The PY 2023 Annual Action Plan (AAP) describes the eligible activities that will work towards accomplishing the goals established in the strategic plan. By addressing the identified priority needs, the Town will improve the quality of life of residents in Paradise.
Paradise is still recovering from the aftermath of the Camp Fire, on November 8, 2018, that displaced over 25,000 residents and destroyed 90% of its homes and businesses. The Town's priorities are focused on helping our residents return home, rebuild and improve our Town's infrastructure, and support our community with public services as it repopulates.
2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.
The Town of Paradise has developed its strategic plan based on an analysis of the data presented in its plan and the community participation and stakeholder consultation process. Through these efforts, the Town has identified two priority needs and associated goals to address those needs. The priority needs and goals are as follows:
Priority Need: Public Services & Quality of Life Improvements 2A Provide Public Services for LMI & Special Needs
Priority Need: Affordable Housing Development & Preservation 3A Increase Affordable Housing Opportunity
45 Annual Action Plan
2022
3 OMB Control No: 2506-0117 (exp. 09/30/2021)
3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.
The Town of Paradise, with other public, private and nonprofit community housing providers and nonhousing service agencies, continue to make significant contributions toward rebuilding housing and public facilities and infrastructure. The need for affordable housing, public improvements and services is also documented by this Consolidated Plan and the most recent program year 2021 Consolidated Annual Performance and Evaluation Report (CAPER).
The PY 2021 CAPER reports that the Town of Paradise continued to focus on our housing program in the program years.
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.
4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan.
The Town’s citizen participation process adheres to HUD’s requirements set within the Town’s Citizen Participation Plan. This plan includes participation from all Town residents, especially low- and moderate-income persons and the special needs community such as the elderly and those with any disability.
Citizen participation efforts for the development of the 2023 AAP included a public comment period and two public hearings to allow members from the public an opportunity to review and provide comments on the draft plan.
A 30-day public comment period was held from April 12, 2023 to May 14, 2023 to give the public an opportunity to review and comment on the plan. Copies of the plan were available from April 12, 2023 to May 14, 2023 at the following locations: Butte County Public Library Paradise Branch, Paradise Chamber of Commerce, Building Resiliency Center, Town Hall and at www.townofparadise.com. For 46 Annual Action Plan
2022
4 OMB Control No: 2506-0117 (exp. 09/30/2021)
comments or additional information, interested persons could contact the Housing Department at (530) 872-6291 ext 122 or [email protected]
Two public hearings were held on Tuesday, March 14, 2023 and on Tuesday, April 11, 2023 both at 6:00 p.m. at Town Hall, 5555 Skyway, Paradise, CA. During the public hearings, the goals and activities in the Annual Action Plan were discussed. The public was given an opportunity to make comments/suggestions on funding priorities during the hearing.
All comments were welcome. Details of the citizen participation outreach efforts are located in AP-12 Citizen Participation.
5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.
All comments were welcome. Details of the citizen participation outreach efforts are located in AP-12 Citizen Participation.
6. Summary of comments or views not accepted and the reasons for not accepting them All comments were welcome. Details of the citizen participation outreach efforts are located in AP-12 Citizen Participation.
7. Summary
The PY 2023 AAP is the fourth program year of the Consolidated Plan. The draft plan was made available to the public through the public comment review period and a public hearing. Input from citizens of Paradise helped to determine the projects and activities for PY 2023. 47 Annual Action Plan
2022
5 OMB Control No: 2506-0117 (exp. 09/30/2021)
PR-05 Lead & Responsible Agencies – 91.200(b)
1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.
Agency Role Name Department/Agency
CDBG Administrator PARADISE Business & Housing Services Table 1 – Responsible Agencies
Narrative (optional)
The Town of Paradise’s Business & Housing Services is the responsible entity for carrying out the administration of the housing and community development programs in Paradise. Town staff works with other Town departments, local nonprofit and for-profit organizations, and contractors to carry out the activities in the Annual Action Plan.
Consolidated Plan Public Contact Information
Kate Anderson
Housing Program Manager
Town of Paradise
(530) 872-6291 x122
[email protected]
48 Annual Action Plan
2022
6 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-10 Consultation – 91.100, 91.200(b), 91.215(l)
1. Introduction
This section identifies the organizations consulted in the development of the priority needs and goals of the Consolidated Plan . The organizations listed in the table below represent key stakeholder organizations which consist of nonprofits, government departments and agencies and planning organizations in Paradise and the region. Stakeholder organizations consulted through an online stakeholder survey. The results helped to identify the community’s priority needs over the next five years and the basis of the Strategic Plan.
Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
The Town of Paradise worked closely with local and regional partners to gather feedback for the Consolidated Plan. This included community stakeholders which were specific to Paradise and as well as Butte County, the Housing Authority of Butte County and the Butte County Continuum of Care. This helped to ensure participation efforts would be maximized and the community needs were accurately identified and recorded.
Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.
The Butte County Continuum of Care (CoC) is the local CoC for the entire county, and includes the Town of Paradise. The CoC is responsible for coordinating with various local and county homeless service providers, as well as organize the annual Point-in-Time Count which is a survey of the homeless population in the county. The Town of Paradise benefits from the coordinated efforts of the Continuum of Care through referral of resources, connections to homeless prevention initiatives in the region and access to resources not found locally in the Town.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The Town of Paradise is not a recipient of HUD’s Emergency Solutions Grant (ESG). The CoC coordinates the distribution of ESG funds along with other resources to provide street outreach services, supportive services, emergency and transitional housing and permanent-supportive housing to prevent homelessness in the region. The Homeless Management Information System (HMIS) is the system 49 Annual Action Plan
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used for administering the ESG program. While the Town of Paradise does not specifically use or manage the HMIS system, the Town benefits from the CoC’s HMIS administration across the county.
2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
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Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Town of Paradise
Agency/Group/Organization Type Housing
Services - Housing
Service-Fair Housing
Other government - Local
Planning organization
What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs
Market Analysis
Economic Development
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the consultation or areas for improved coordination?
The Town is the lead responsible agency in the development and implementation of the Consolidated Plan.
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2 Agency/Group/Organization BUTTE COUNTY
Agency/Group/Organization Type Housing
Services - Housing
Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Victims of Domestic Violence
Services-homeless
Services-Health
Services-Education
Services-Employment
Service-Fair Housing
Health Agency
Other government - County
Regional organization
What section of the Plan was addressed by Consultation? Housing Need Assessment Homelessness Strategy
Market Analysis
Economic Development
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the consultation or areas for improved coordination?
The Town coordinated with Butte County with the housing and community development needs. The Town also coordinates with the County on emergency services information and fire evacuation plans.
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3 Agency/Group/Organization Housing Authority of the County of Butte Agency/Group/Organization Type Housing
Services - Housing
Services-homeless
Other government - Local
What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the consultation or areas for improved coordination?
The Town coordinated with the housing authority with the housing and community development needs.
4 Agency/Group/Organization Butte County Continuum of Care Agency/Group/Organization Type Housing
Services - Housing
Services-Children
Services-homeless
What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the consultation or areas for improved coordination?
The Town coordinated with the Butte County Continuum of Care regarding homeless needs.
5 Agency/Group/Organization California Public Utilities Commission Agency/Group/Organization Type Services - Broadband Internet Service Providers Services - Narrowing the Digital Divide
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What section of the Plan was addressed by Consultation? Housing Need Assessment Homelessness Strategy
Market Analysis
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the consultation or areas for improved coordination?
The Town consulted with the California Public Utilities Commission for highspeed internet provider and broadband data for the Market Analysis.
6 Agency/Group/Organization Paradise Ridge Fire Safe Council Agency/Group/Organization Type Services - Hazard Mitigation; Services - Fire Safety What section of the Plan was addressed by Consultation? Housing Need Assessment Market Analysis
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the consultation or areas for improved coordination?
The Town provides links to the Paradise Ridge Fire Safe Council website and emergency evacuation plan.
Identify any Agency Types not consulted and provide rationale for not consulting All comments were welcome. There were no agency types not consulted during this process.
Other local/regional/state/federal planning efforts considered when preparing the Consolidated Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care
Butte Countywide
Continuum of Care
The Strategic Plan is consistent with the goals and strategic plan of the Continuum of Care and the plan to end homelessness.
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Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? 2021 Paradise
Broadband Feasibility
Study
Chico State
Enterprises GIC
The Geographical Information Center (GIC), at Chico State Enterprises conducted a broadband feasibility study that helped determine broadband needs after the Camp Fire disaster destroyed most of the infrastructure.
Table 3 – Other local / regional / federal planning efforts Narrative (optional)
The Town of Paradise works closely with local and regional government entities in the development and implementation of the Consolidated Plan. This included Butte County, the Housing Authority of Butte County, Butte County Public Health and the Butte County Continuum of Care.
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AP-12 Participation – 91.105, 91.200(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The Town’s citizen participation process adheres to HUD’s requirements set within the Town’s Citizen Participation Plan. This plan ensures and encourages participation from all Town residents, especially low- and moderate-income persons and the special needs community such as the elderly and those with any disability. Citizen participation efforts for the development of the AAP included a public comment period and two public hearings to allow members from the public an opportunity to review and provide comments on the draft plan.
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Citizen Participation Outreach
Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
1 Public Hearing
Nontargeted/broad
community
A public hearing was held on
Tuesday, March 14, 2023 at
6:00 p.m. at Town Hall, 5555
Skyway, Paradise, CA. During
the first public hearing, the
goals and activities in the
Annual Action Plan were
discussed. The public was
given an opportunity to make
comments/suggestions on
funding priorities during the
hearing.
All comments will
be accepted.
All comments were
accepted.
2 Public Meeting
Nontargeted/broad
community
A second public hearing was
held on Tuesday, April 11,
2023 at 6:00 p.m. at Town
Hall, 5555 Skyway, Paradise,
CA. Similar to the first public
hearing, the goals and
activities in the Annual Action
Plan was discussed and a draft
plan was provided. The public
was given an opportunity to
make comments/ suggestions
on funding priorities during
the hearing.
All comments will
be accepted.
All comments were
accepted.
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Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
3 Public Comment
Period
Nontargeted/broad
community
A 30-day public comment
period was held from April 12,
2023 to May 14, 2023 to give
the public an opportunity to
review and comment on the
plan. Copies of the plan were
available from April 12, 2023
to May 14, 2023 at the
following locations: Paradise
Public Library, Paradise
Chamber of Commerce,
Building Resiliency Center,
Town Hall and at
www.townofparadise.com.
For comments or additional
information, interested
persons could contact Housing
Department at (530) 872-6291
ext 122 or
[email protected]
All comments will
be accepted.
All comments were
accepted.
Table 4 – Citizen Participation Outreach
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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
The Town of Paradise’s CDBG allocation for program year 2023 was $100,691.
Anticipated Resources
Program Source of
Funds
Uses of Funds Expected Amount Available Year 4 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services 100,691 0 12,899 113,590 100,691
The expected amount available for
the remainder of the ConPlan is 1x
more years of the annual allocation
for PY 2023.
Table 5 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
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The Town of Paradise will utilize any and all funds available to leverage CDBG funds to make them go as far as possible. CDBG funds will be used to support the local Meals on Wheels program and Boys and Girls Club programs, each being supported by various local, state and/or federal funding source. CDBG funds will acquire lots for local non-profits who are building homes for affordable homeownership utilizing local, state and/or federal funds. The Town is awaiting an award of HOME funds by HCD to develop an Infill New Construction program; CDBG funds will be used to support this effort.
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If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan N/A
Discussion
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Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 3A Increase
Affordable Housing
Opportunity
2023 2024 Affordable
Housing
Affordable Housing
Development &
Preservation
CDBG:
$65,449
Homeowner Housing Added: 2
Household Housing Unit
2 2A Provide Public
Services for LMI &
Special Needs
2023 2024 Non-Housing
Community
Development
Public Services &
Quality of Life
Improvements
CDBG:
$15,104
Public service activities other
than Low/Moderate Income
Housing Benefit: 100 Persons
Assisted
3 5A Planning and
general
administration
2023 2024 Non-Housing
Community
Development
CDBG:
$20,138
Table 6 – Goals Summary
Goal Descriptions
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1 Goal Name 3A Increase Affordable Housing Opportunity
Goal
Description
The Town will acquire lots for affordable homeownership. 2 Goal Name 2A Provide Public Services for LMI & Special Needs Goal
Description
The Town will provide vital support services for low- to moderate-income households and special needs groups in Paradise. Public services activities will fund programs run by non-profit organizations. 3 Goal Name 5A Planning and general administration
Goal
Description
Program administration of the CDBG program not to exceed 20% of allocation funds. 63 Annual Action Plan
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Projects
AP-35 Projects – 91.220(d)
Introduction
In the table below are the proposed projects for the 2023 program year. The projects will address the highest priority needs in the Town which are housing assistance and supportive services for LMI and special needs groups. Administration of the CDBG program is capped at 20% of the CDBG 2023 funding allocation, as well as public services which has a grant cap of 15%. Details of the proposed projects are located in the following AP-38.
Projects
# Project Name
1 CDBG: Housing Assistance (2023)
2 CDBG: Public Services (2023)
3 CDBG: Program Administration (2023)
Table 7 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The projects address the highest priority needs in the Town. Affordable housing assistance is a high priority for the Town and its residents. Due to demand for housing, low- to moderate-income households are priced out of homeownership; infill new construction and self-help builds can provide a small number of affordable homes for purchase by low- to moderate-income households. Public services for LMI and special needs groups such as the elderly and persons with a disability are need to help improve the quality of life in Paradise. While public services is a high priority, there is a grant allocation cap for public services at 15%.
In PY 2023 the Town will focus on housing and public services.
AP-38 Project Summary
Project Summary Information
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1 Project Name CDBG: Housing Assistance (2023)
Target Area
Goals Supported 3A Increase Affordable Housing Opportunity Needs Addressed Affordable Housing Development & Preservation Funding CDBG: $65,449
Description The Town will acquire lots for affordable homeownership.
Target Date 6/30/2024
Estimate the number and type
of families that will benefit
from the proposed activities
Five (2) low- to moderate-income households
Location Description Townwide
Planned Activities The Town acquire lots for its HOME-funded Infill New Construction program and local self-help programs.
2 Project Name CDBG: Public Services (2023)
Target Area
Goals Supported 2A Provide Public Services for LMI & Special Needs Needs Addressed Public Services & Quality of Life Improvements Funding CDBG: $15,104
Description The Town will provide vital support services for low- to moderate-income households and special needs groups in
Paradise. Public services activities will fund programs run by non-profit organizations.
Target Date 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
100 low- to moderate-income households
Location Description Townwide
Planned Activities The Town will provide vital support services for low- to moderate-income households and special needs groups in
Paradise. Public services activities will fund programs run by non-profit organizations.
3 Project Name CDBG: Program Administration (2023)
Target Area
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Goals Supported 5A Planning and general administration
Needs Addressed
Funding CDBG: $20,138
Description Program administration of the CDBG program not to exceed 20% of allocation funds.
Target Date 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
N/A
Location Description Townwide
Planned Activities Program administration of the CDBG program not to exceed 20% of allocation funds.
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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The Town of Paradise does not allocate funding based solely on geographic requirements. Individuals or households must meet income qualifications in order to receive direct assistance from activities and services in the CDBG program.
Geographic Distribution
Target Area Percentage of Funds
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically The Town of does not allocate funding based solely on geographic requirements. When the planned activities are intended to serve individuals or households directly, those individuals or households must meet income qualifications, as well as residency requirements, in order to receive assistance from the program. In these instances, Town staff and/or one of its partner agencies shall complete an in-take and eligibility status review of the applicant individual or household, before the project/activity is initiated.
When the Town has identified infrastructure and public facility improvement activities, planned activities will serve a community, neighborhood or “area”. These projects (or activities) are said to have an “area-wide” benefit. Per HUD requirements, these areas must be within an eligible Census Block Group Tract, as defined by HUD-CDBG regulations. HUD determines Low/Mod block groups tracts as those with 51% LMI population, however the Town of Paradise is an exception grantee with the LMI block group threshold lowered to 50.6%.
HUD CDBG Low/Mod Income Summary Data (LMISD), which have defined the eligible Low/Mod block group tracts within the jurisdiction can be found on the HUD Exchange website at:
https://www.hudexchange.info/programs/acs-low-mod-summary-data/ Discussion
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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
The Town on Paradise’s goal is to expand affordable housing in the jurisdiction. In the program year, the Town will acquire lots for its HOME-funded Infill New Construction program and/or local self-help programs to construct modest housing to provide homeownership to low- to moderate-income households.
One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 2
Special-Needs 0
Total 2
Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 2
Rehab of Existing Units 0
Acquisition of Existing Units 0
Total 2
Table 10 - One Year Goals for Affordable Housing by Support Type Discussion
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AP-60 Public Housing – 91.220(h)
Introduction
The Town of Paradise receives support from the Housing Authority of the County of Butte (HACB). The mission of HACB is to assist LMI residents of Butte County to secure and maintain high quality affordable housing. HACB administers and/or manages many different housing programs such as public housing, Housing Choice Vouchers (Section 8) and the Family Self-Sufficiency Program. These program are available in Paradise and across the county.
Actions planned during the next year to address the needs to public housing Prior to the fire, the Town did not have any public housing within Town limits. One of the reasons for this was the lack of a sewer system. Installing a sewer system is part of our Long Term Recovery Plan, and with a sewer the Town will look at the options for public housing. HACB will open wait lists for public housing and Section 8. For Section 8, due to limited funding, not all applicants will be placed on the waitlist and only 2,500 will be selected.
For public housing, HACB will be accepting applications for Public Housing waiting lists for three (3) bedroom units located in Biggs/Gridley, Chico, and Oroville. Applications can be obtained, mailed or dropped off at 2039 Forest Ave., Chico, CA 95928 or online by looking under Public Housing at the following: http://www.butte-housing.com/applicants/applications/ Actions to encourage public housing residents to become more involved in management and participate in homeownership
Public housing residents can participate in the HACB Family Self-Sufficiency (FSS) program. The FSS program works with support agencies throughout Butte County to help families develop strengths, skills and experiences necessary to achieve economic independence. A guidebook is offered to help participants learn how the program can benefit residents. The FSS program links participants with the education, job training, counseling, and other services necessary for them to become employed and to earn self-sufficient wages so they no longer need to rely on governmental financial assistance. Families are assisted through this program with a dedicated FSS Coordinator, which also supports them with referrals to needed resources.
If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
N/A. The PHA is not designated as troubled and is a “High Performer”.
Discussion
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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
The most recent Point-in-Time (PIT) Count survey was conducted at the Continuum of Care (CoC) level by the Butte Countywide Homeless Continuum of Care (CA-519 Chico/Paradise/Butte County CoC) taken on January 26, 2022. Due to three variables -- the COVID-19 pandemic, four years of natural disasters in the area, and fatigue/burnout of local organizations and community volunteers – a true count is difficult to determine. Data from the NA-40 Homeless Needs Assessment suggests that a majority of persons experiencing homelessness continue to be unsheltered, in particular the chronically homeless and veterans. Homelessness, and the prevention of homelessness continues to be a priority for the Town of Paradise.
Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The Town of Paradise benefits from the homeless initiatives through the CoC. The Countywide CoC is a multi-agency planning body with the common goal of ending homelessness. This goal is accomplished by assisting individuals and families experiencing homelessness to receive rapid, adaptive, quality services which lead to the long-term stability of permanent housing and self-sufficiency. Specifically, the CoC administers the Homeless Managements Information System (HMIS) and the Coordinated Entry System (CES) for homeless within the region. HMIS information is tracked to inform the CoC and its members of the homeless population details in the region and the CES helps members to identify needs and services that will assist persons and families experiencing homelessness with referrals and resources. Currently, data suggests that a majority of persons experiencing homelessness continue to be unsheltered, and in particular the chronically homeless and veterans. As such, the Town will focus on these identified homeless groups.
In addition, the Town’s Code Enforcement division, Housing Division, and local Disaster Case Managers has been visiting sites for the past three years known to have individuals and families living in RVs to provide resources to assist.
Addressing the emergency shelter and transitional housing needs of homeless persons The Town of Paradise relies on our neighboring communities for shelters such as the Torres Shelter in Chico for homeless individuals from Paradise. Youth 4 Change has a several shelters for homeless youth in the area including Chico and Oroville. Those who are in need of emergency shelter can contact the Butte County Sheltering Hotline. The Sheltering Hotline is for Butte County residents who have evacuated due to their home being in an evacuation zone and need sheltering or for those who have 70 Annual Action Plan
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been placed in non-congregate shelter (hotel voucher stays). There are 2 options to receive sheltering assistance from the county: The County’s Sheltering Hotline is available 8am-5pm, 7 days per week. Call:
530-552-6150, and Email the County Sheltering program at [email protected] Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The Town of Paradise continues to work with neighboring jurisdictions and Butte County to find a solution for homelessness after the Camp Fire. For services that help the homeless transition to temporary or long-term housing, the Continuum of Care partners with many organizations and agencies that provide these services, both in Paradise and regionally. The Butte-Glenn 2-1-1 is a referral resource that connects persons experiencing to entities that can help assist them with their unique situations.
The 2-1-1 service is also connected to many of the CoC members. The Housing Authority of Butte County helps low income households with Section 8 Housing Choice Vouchers. An important nonprofit transition housing support resource in the area is the Jesus Center, which heads a collaborative of transitional housing partners. In response to the complexity of homelessness, hunger and poverty, the Jesus Center works with the community to restore those suffering from isolation to community integration. The Jesus Center is accepting applicants and can be reached by calling 530-345-2640 or access the application online at the following link: jesuscenter.org/housing/ Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.
As mentioned above, the Town of Paradise continues to work with neighboring jurisdictions and Butte County to find a solution for homelessness after the Camp Fire. For services that help the homeless, especially low-income individuals and families to avoid returning to homelessness, the Continuum of Care partners with many member organizations and agencies that provide various services in the area, both in Paradise and regionally. These organizations include, but are not limited to:
Catalyst Domestic Violence Services for persons affected by domestic violence. Catalyst provides a safe and confidential place for children and families, including drop-in services, counseling, legal services and 71 Annual Action Plan
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more.
Elijah House Foundation: An addiction treatment that provides a variety of services including substance abuse and mental treatment, residential treatment services, alcohol and drug free housing and the Back to Work employment program.
The Jesus Center: A collaborative of transitional housing partners that work with persons experiencing or are at-risk of homelessness.
The Housing Authority of Butte County: The PHA helps low income households with Section 8 Housing Choice Vouchers.
Disability Action Center (DAC): DAC is a private, non-profit which helps to meet specific needs of people with disabilities living in Northern California. Dedicated staff provides free support to help community members with disabilities achieve and/or maintain their optimal level of self-reliance and independence.
DAC provide support services such as information, housing assistance, and provider referrals.
Youth 4 Change: The organization has several locations throughout the area which help to prevent youth homelessness. Paradise youth may be referred to Youth 4 Change services.
Discussion
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AP-75 Barriers to affordable housing – 91.220(j)
Introduction:
The primary negative effects on affordable housing and investment are not based on public policies. The 2018 Camp fire continues to be the defining event in determining priorities and the availability of housing, and the Town is working to ensure that public policies encourage development of housing units as quickly and safely as possible. Historically, one of the barriers to affordable housing is the Town of Paradise’s lack of a municipal wastewater treatment facility. Typical septic tanks and leach lines are adequate for single-family development but this is not a viable alternative for new housing developments which are at higher densities. Typically, affordable housing units are built in clusters and would require a more advanced wastewater treatment system, which typically is very expensive and may lead to costs being passed on to the developer or whomever is financing the project.
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
The Town intends to support Paradise residents who are rebuilding housing as soon as possible, and with the construction of the sewer, the Town will help to construct multi-family and affordable housing as well.
Discussion:
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AP-85 Other Actions – 91.220(k)
Introduction:
This section outlines other actions the Town will take to improve the quality of life for Paradise residents and address underserved needs in the community. CDBG funds enable the Town to address the priority needs in Paradise such as improvements to public facilities and infrastructure in LMI areas, the construction of affordable housing and homeownership opportunity for LMI households, and vital supportive services for LMI and special needs groups such as the elderly. Other actions identified in this section are additional resources the Town has to assist vulnerable residents and underserved needs in the community.
Actions planned to address obstacles to meeting underserved needs The activities identified in this plan will work to directly address the underserved needs of the LMI and special needs population. CDBG funded programs will work to expand on successful programs and the goal is to fill service gaps. There are many needs for residents of the Town of Paradise after the Camp Fire, and many barriers to meeting those needs. The Town is working tirelessly to assist our residents with their housing needs.
Actions planned to foster and maintain affordable housing The Town will continue its FirstTime Home Buyer and Owner-Occupied Rehabilitation programs to help homeowners rebuild after the Camp Fire. The Town will work with them on additional affordable housing opportunities in Paradise once a sewer is constructed. CDBG funds will be used to support a HOME-funded Infill New Construction program and self-help affordable homeownership.
Actions planned to reduce lead-based paint hazards
Since the Camp Fire burned 95% of the Town of Paradise, most homes with lead based paint have been destroyed. As new homes are built, they will not have lead based paint. Any home that survived that takes part in our Owner Occupied Rehabilitation Program would be required to undergo lead-based paint testing. The Town will comply with federal regulations regarding lead testing, containment, and abatement. Paradise residents have access to Butte County Public Health services including the county Childhood Lead Poisoning Prevention Program (CLPPP). To report a health emergency, the county public health department can be contacted at 530-552-4000 or [email protected]. More information 74 Annual Action Plan
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about lead poison prevention can be found on the county website at:
https://www.buttecounty.net/ph/Programs/MaternalChildHealth/ChildhoodLeadPoisoningPrevention Actions planned to reduce the number of poverty-level families The activities in this plan work directly to reduce the number of poverty level families in Paradise. While CDBG funds are limited and the Town cannot possible address every poverty issue in Paradise, the Town will utilize CDBG funds where they have the most impact.
Actions planned to develop institutional structure
The Town will continually work to develop its institutional structure by working closely with other Town departments. Ongoing communication and planning with these Town departments and programs will help strengthen the institutional structure of the CDBG program.
The Town Institutional Structure is as follows: Five member Town Council - The Town Council holds public hearings on Consolidated Plan, Annual Action Plans and CAPER reports and approves submittal to HUD. Town Council also approves funding for Public Service Agencies. The Town of Paradise, Business and Housing Services staff provides the main administrative and project management duties over the CDBG program. The BHS Staff is under the management of the Community Development Director. Staff prepares the Consolidated Plan, Annual Action Plans and CAPER for each CDBG program year. The oversight of the CDBG program is provided by the five-member Town Council whom are elected officials voted in by the citizens of Paradise. All reports and plans are reviewed by Council before they are submitted to HUD.
The Camp Fire has united several organizations that are working cooperatively for the betterment of the community. The degree of commitment and cooperation needed to move this community forward establishes a new paradigm in institutional structure and brings local resources together in a whole new way.
The Town works closely with non-profit organizations in the area that provide specific programs to the citizens of Paradise. These organizations provide services to very low-, low- and moderate-income residents, including the frail and elderly, mentally disabled, physically disabled, homeless, and atrisk youth. These organizations submit funding requests to the Town to qualify for money that comes out of the Community Needs Category. Up to 15% of annual funding is set-aside for these organizations.
Once applications for grant funding are received and reviewed by staff, they go through a competitive review process and recommendations are decided by a funding committee and forwarded to the Town Council for final approval. Once funding decisions are made, organizations are required to sign a contract with the Town outlining the rules and regulations of public service funds. They are required to 75 Annual Action Plan
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submit the required documents and reference material related to grant funding. After the contract is signed, the organizations submit quarterly and year end reports for staff review. Organizations are audited and staff performs site visits on a yearly basis. If organizations are not submitting reports ontime or are unable to follow through with program requirements, staff will monitor the organizations to make sure that HUD regulations are being met, or funding is withdrawn.
Actions planned to enhance coordination between public and private housing and social service agencies
The Town will focus on collaboration between government agencies, local non-profits, communityneeds organizations, and local businesses. The town will continue to work with stakeholder and other community service agencies, and organizations. The Town will continue to work with housing and service agencies on affordable housing. Once the sewer is completed, the Town anticipates more opportunities for private/public partnership for affordable housing.
Discussion:
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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:
This section describes the program specific requirements of the CDBG grant program.
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.
1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0
2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0
3. The amount of surplus funds from urban renewal settlements 0
4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0
5. The amount of income from float-funded activities 0
Total Program Income: 0
Other CDBG Requirements
1. The amount of urgent need activities 0
2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% 77 Annual Action Plan
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78 Annual Action Plan
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79 Town of Paradise
Council Agenda Summary
Date: April 11, 2023
Agenda Item: 5(b)
ORIGINATED BY: Susan Hartman, Community Development
Director – Planning & Wastewater
REVIEWED BY: Kevin Phillips, Town Manager
Scott Huber, Town Attorney
SUBJECT: Public Hearing to Consider Adoption of Paradise Municipal Code Zoning Text Amendments Relative to
Short-term Rentals
LONG TERM
RECOVERY PLAN:
Planning and Zoning – Tier 1
COUNCIL ACTION REQUESTED:
1. Concur with the project “CEQA determination” finding embodied within Planning Commission Resolution No. 2023-01; and,
2. Waive the first reading of Town Ordinance No. 625 and read by title only; and,
3. Introduce Town Ordinance No. 625 “An Ordinance Amending Text Regulations within Paradise Municipal Code Title 17 [Zoning] Relative to Short-Term Rentals”; ot
4. Adopt an alternative directive to town staff
Background:
At the September 13, 2022 Town Council meeting, staff and council members had a discussion as to the possibility of creating a short-term rental (STR) ordinance that would allow for home and room rentals that were less than 31 days. Currently, only bed and breakfast facilities are potentially permitted as short-term rentals in residential zones with the issuance of a conditional use permit by the Planning Commission. Different standards, from jurisdictions already regulating short-term rentals, were reviewed, and discussed. At the end of the conversation, staff was directed to prepare a list of proposed standards for Council consideration before formally drafting an ordinance for Planning Commission review.
At the November 7, 2022 Town Council meeting, staff and council members reviewed and discussed proposed standards relating to the use of short-term rentals resulting in a consensus from the Council regarding the standards and direction to move forward with a proposed ordinance for Planning Commission review and recommendation.
The Planning Commission reviewed the proposed ordinance, including the standards and prohibitions, at their regularly scheduled meeting on March 21, 2023 and made a recommendation of approval to the Council, with revisions, of the proposed ordinance. 80 Analysis:
During the public hearing, the Commission engaged in an information conversation with the Association Executive of the Paradise Association of Realtors who spoke both on behalf the Association as well as the Chamber of Commerce. The crux of the discussion was opposition to limiting the overall number of STRs permitted. Both the Commission and the Association Executive questioned the need, at this time, to limit the number of STRs when they are being viewed as a viable option for workforce housing. STRs also provide additional housing opportunities during community event weekends when Paradisians, who have not yet rebuilt, are looking to come back to the Ridge for the weekend to join in the festivities. Commission recommended that staff be given direction by Council to bring back the ordinance, if adopted, in 5 years to determine if a cap is merited at that time.
Ultimately, the Commission voted to amend the proposed ordinance to remove any language regarding a cap on STRs. Shown below are the standards originally proposed by staff, followed by the Council’s recommendation to those standards, as well as the Commission’s final recommendation embodied in Planning Commission Resolution 2023-01.
Category 11/07/2022 Staff
Recommendation
11/07/22 Council
Recommendation
Commission
Recommendation
STANDARDS
Planning Permit Required Yes – Administrative Permit (no hearing) AGREED AGREED Business License Yes & Transient Occupancy Tax (TOT) AGREED AGREED Renewal Frequency Business license – annually AGREED AGREED Setback from other STRs None AGREED AGREED
Threshold for Revocation Any violation grounds for revocation AGREED AGREED Quiet hours 10pm-7am (PMC times for music and
loudspeakers)
AGREED AGREED
Max number of occupants 2/bedroom AGREED AGREED
Max number of rental rooms None AGREED AGREED
Max number of rentals on lot None DISAGREE – Council
Consensus was for
only 1-unit per lot
AGREED with 1-unit per
lot
Min/Max annual nights per
month/year
None AGREED AGREED
Max number of STRs townwide None DISAGREE – Council
Consensus was to
cap the number of
STRs to 1% of the
total housing
inventory
DISAGREE – Strike
STR cap and give staff
direction to bring back
ordinance for review in 5
years to determine if
cap is merited
Hosted homestay (Room rental
with owner on-site)
Yes AGREED – Council
Consensus was not to
count homestays as
part of 1% STR cap
AGREED
Parking rules 1 on-site space per bedroom AGREED AGREED Zoning districts All that permit residential use AGREED AGREED Property Owner/Manager Available 24/7 and within 30 minutes AGREED AGREED Neighborhood noticing Yes, within 300’ and on a private road AGREED AGREED Special events Prohibited AGREED AGREED
Exterior Signage Prohibited AGREED AGREED
Interior posting requirements Inside – contact info, evacuation info & rules
AGREED AGREED
Fire Inspection Yes, annually (extinguisher, alarms,
defensible space)
AGREED AGREED
Transferrable permit No AGREED AGREED
PROHIBITIONS
No incidental camping in tents or RVs AGREED AGREED
Red Flag Warning – outdoor open flame
prohibited
AGREED AGREED
Deed restricted affordable housing
cannot be used for STRs
AGREED AGREED
Not allowed in structures not built for
residential occupancy
AGREED AGREED
81 Not rented when there is an open
building permit
AGREED AGREED
Not rented when there is a failed septic
inspection on file
AGREED AGREED
As previously presented to the Council, there is a cost to the applicant for operating a short-term rental. That cost is highest the first year, when the land use entitlement needs to be secured, and then averages $70-75/year for each subsequent year’s licensing in addition to submittal of the Transient Occupancy Tax to the Town when the unit is operated as an STR. The licensing fees are as follows:
1
st year:
o Planning entitlement (minor use permit) to operate a motel/lodging land use (shortterm rental) in a residential zone. Once approved, the entitlement does not have to be renewed until/unless the property is sold. $352.14. o Business license for operating an STR in the Town. $40.00. o Annual fire inspection (fire extinguisher, fire alarms, defensible space). $43.49 for a unit up to 1,000 sq ft. $52.19 for a unit up to 2,000 sq ft. 2
nd and subsequent years:
o Business license renewal for operating an STR in the Town. $25.00. o Annual fire inspection (fire extinguisher, fire alarms, defensible space). $43.49 for a unit up to 1,000 sq ft. $52.19 for a unit up to 2,000 sq ft.
The Planning Division would be tasked with overseeing the short-term rental program and would coordinate with the Fire Prevention Office regarding inspections, Town Hall for TOT submittals and business licensing, and Code Enforcement for corrective actions.
Financial Impact:
If the ordinance is ultimately adopted, additional TOT revenues would potentially be realized as currently non-compliant short-term rentals became permitted and tracked for compliance. The staff cost for review and issuance of the zoning permit and the fire prevention inspections would be covered by the Council-adopted fees for those services. The cost of tracking software, to physically locate rentals being advertised, send notices, and act as a 24/7 complaint line, would cost approximately $5,300 a year.
ATTACHMENTS:
1. Copy of the notice of public hearing for the proposed text amendments.
2. Copy of Notice of Exemption dated March 14, 2023.
3. Copy of Planning Commission Resolution No. 2023-01, “A Resolution of the Paradise Planning Commission Recommending Town Council Adoption of Text amendments to Title 17 of the Paradise Municipal Code Relative to Short-Term Rentals within the Town of Paradise”.
4. Town Ordinance No. 625 “An Ordinance Amending Text Regulations within Paradise Municipal Code Title 17 [Zoning] Relative to Short-Term Rentals”. 82 TOWN OF PARADISE
NOTICE OF PUBLIC HEARING
PARADISE TOWN COUNCIL
NOTICE IS HEREBY GIVEN by the Paradise Town Council that a public hearing will be held on Tuesday, April 11, 2023 at 6:00 p.m., or as soon thereafter as possible, in the Town Hall Council Chambers, 5555 Skyway, Paradise, California, regarding the following matter:
a. Item determined to be exempt from environmental review under CEQA Guidelines section 15061(b)(3) (General rule exemption)
PARADISE MUNICIPAL CODE: Town Council consideration of a Planning Commission Resolution recommending Town Council approval of text amendments in Paradise Municipal Code (PMC) Title 17 (Zoning Ordinance). If adopted by the Town Council, the amendments would: 1) add a new chapter of regulations pertaining to residential short-term rentals; and 2) enumerate the standards for establishment and operation of short-term rentals within the Town of Paradise.
The project file is available for public inspection at the Building Resiliency Center by appointment.
If you challenge this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearings described in this notice, or in written correspondence delivered to the Town Clerk at, or prior to, the public hearing. For further information please contact the Planning Director, Building Resiliency Center, 6295 Skyway, Paradise, CA (530) 872- 6291, extension 424.
Dina Volenski
Town Clerk
83 NOTICE OF EXEMPTION
To: File
From: Town of Paradise, Development Services Department, Planning Division, 6295 Skyway, Paradise, CA 95969
Project Title: PMC Title 17 [Zoning] Text Amendments
Project Applicant: Town of Paradise
Project Location: N/A
Project Description: Add a new chapter of regulations pertaining to residential short-term rentals and enumerate the standards for
establishment and operation of short-term rentals within the Town of Paradise.
Approving Public Agency: Town of Paradise
Person or Agency
Carrying Out Project: Town of Paradise
Exempt Status: Ministerial (Section 15268)
Emergency Project (Section 15269)
Categorical Exemption (Section 15302)
__X__ General Rule Exemption (Section 15061)
Reason for Exemption: The amendments do not constitute a project under CEQA, no physical activity is planned and there is no
possibility of a significant environmental effect.
Contact Person: Susan Hartman, Planning Director
(530) 872-6291 x424
Signature:
Date: 03/14/2023_____________
84 85
86 87
88 89
90 TOWN OF PARADISE
ORDINANCE NO. 625
AN ORDINANCE AMENDING TEXT REGULATIONS WITHIN
PARADISE MUNICIPAL CODE TITLE 17 [ZONING] RELATIVE TO SHORT-TERM RENTALS
WITHIN THE TOWN OF PARADISE
SECTION 1. A new Chapter 17.30 [SHORT-TERM RENTALS] shall be added to Paradise Municipal Code Title 17 [Zoning Ordinance] to read as follows:
Sections:
17.30.100 Purpose
17.30.200 Types of short-term rentals
17.30.300 Applicability
17.30.400 Permit cap
17.30.500 Operational standards
17.30.600 Prohibitions and restrictions
17.30.700 Penalties
17.30.100 Purpose.
The purpose of these regulations is to ensure that short-term rentals located in the town are compatible with the neighborhood in which they are located and do not create an adverse impact on adjacent properties through the establishment of an appropriate permitting process and standards for the short-term rental of residential dwelling units.
17.30.200 Types of short-term rentals.
For the purposes of this chapter, the following short-term rental facilities are established:
A. Homestay: An owner-occupied (or primary occupant with the written permission of the owner) residential dwelling unit where, for compensation, individual overnight room accommodations are provided for a period of thirty (30) days or less while the owner is in residence.
91 B. Vacation Rental: An entire residential dwelling unit where, for compensation, overnight accommodations are provided for a period of thirty (30) days or less without concurrently being occupied by the owner.
17.30.300 Applicability.
A. The regulations of this chapter apply to short-term rentals in any multiple-family residential, town-residential, rural-residential, or agricultural-residential zoning district.
Any property owner or property management company who leases, rents, or otherwise makes available for compensation a short-term rental unit for a period of thirty (30) days or less, must first obtain an administrative permit prior to advertising and/or operating the short-term rental unit. The administrative permit is non-transferrable and in addition to the transient occupancy tax that is required pursuant to Chapter 3.24 and the business license required pursuant to Chapter 5.22. Upon issuance, the administrative permit shall be mailed to all property owners within 300 feet of the subject parcel and to all property owners located on any private road serving the short-term rental as notice of the standards and limitations placed upon the short-term rental unit and will include the contact name and number provided under section 17.30.4500.H.
B. This article does not apply to the use of single-family dwellings when not occupied as a short-term rental.
C. This article does not apply during times of a declared emergency when short-term rentals are offered at no cost to individuals displaced from their home as a result of a disaster.
17.30.400 Permit cap.
A. The total number of residential short-term rental unit permits issued shall be capped at 1% of the townwide inventory of dwelling units. Hotels, motels, and bed & breakfast facilities are not subject to this article and therefore not subject to this cap.
B. Homestays are exempt from the cap but otherwise subject to all other provisions of this article.
17.30.4500 Operational standards.
All short-term rentals are required to comply with the following standards and shall not generate other potential disturbances which may disrupt the peace, safety, and general welfare of communities. Failure to comply with the standard conditions of this section may result in fines and permit revocation as outlined in Section 17.30.6700.
A. Occupancy shall be limited to a maximum of two people per rented room. 92 B. A minimum of one on-site parking space shall be provided for each room rented. Guest parking spaces shall be within the primary driveway or other on-site location.
C. All short-term rental guests are required to comply with Chapter 9.18 Noise Control. Quiet hours shall be imposed between the hours of ten p.m. and seven a.m. during which no sound from the short-term rental shall be audible across a property boundary.
D. Trash and recycling services through the solid waste franchisee shall be provided for each short-term rental unit. Refuse containers shall be serviced on a weekly basis and after pickup shall be stored outside of the front yard setback.
E. Short-term rentals shall meet all applicable building, health, fire, and related safety codes at all times, including provision of working smoke and carbon monoxide detectors.
F. Each short-term rental shall be equipped with a minimum 2-A:10-B:C fire extinguisher.
G. The property owner shall be responsible for maintaining the property at all times in compliance with Chapter 8.58 Defensible Space and Hazardous Fuel Management.
H. The operator of the unit shall, at all times the unit is being occupied as a short-term rental, maintain a contact person within a thirty-minute drive of the property. The contact person or entity must be available via telephone twenty-four (24) hours a day, seven days a week, to respond to questions or concerns regarding the operation of the short-term rental.
I. A written notice shall be conspicuously placed inside each short-term rental unit identifying the name and phone number of the contact person required in subsection H.
The notice shall also contain the address of the unit, evacuation information, and operational standards at a minimum pertaining to noise, parking, fire restrictions, occupancy limits, and garbage collection day.
J. Short-term rentals shall be subject to an annual fire inspection prior to initial permit issuance for all short-term rental permits and then once every year thereafter for the duration the unit is licensed as a short-term rental. The fire inspection is to ensure the rental complies with the smoke and carbon monoxide alarm requirements, the fire extinguisher requirement, and defensible space. Inspections are subject to the adopted fee schedule cost for annual fire inspections.
17.30.5600 Prohibitions and restrictions.
A. Prohibited and restricted structures.
1. No more than one dwelling unit on a parcel may be used at any one time for shortterm rental purposes. 93 2. Structures with deed restrictions or an agreement restricting its use as affordable housing shall not be used for short-term rental purposes.
3. Short-term rentals are not allowed in structures not constructed for residential occupancy under the California Building Code Standards.
4. Short-term rentals shall not be rented during construction, remodeling, additions, or an active building permit.
5. Short-term rentals shall not be rented when there is a failed septic system evaluation on file or an active septic construction permit.
B. Camping restrictions.
1. A short-term rental administrative permit does not authorize any overnight camping, sleeping in tents, travel trailers, campers, or recreational vehicles. Recreational vehicles are permitted if they are the primary transportation for the renter or visitor, but they may not be used for overnight accommodations during the stay.
C. Fire restrictions.
1. When a red flag warning is in effect for the area where the short-term rental is located, all sources of outdoor open flame are prohibited.
2. The use and discharge of fireworks are prohibited within the town as stated in Chapter
8.44. D. Special events.
1. The property shall not be used to host non-owner related weddings, parties, commercial functions, or other similar events.
E. Signage restrictions.
1. On-site advertising of the short-term rental is prohibited.
17.30.6700 Penalties.
Any violation of these requirements shall constitute grounds for revocation of the administrative permit. Enforcement of the provisions of this chapter may include the civil remedies as permitted by state law, the issuance of a citation or fine, or other legal remedy as provided by Chapter 1.08 of the Paradise Municipal Code. Upon notification by the town, any short-term rental operating in violation of the requirements of this chapter must terminate operations immediately. Further, 94 an administrative permit issued under the authority of this chapter may be revoked in accordance with the procedures established in Chapter 17.45.
SECTION2. CEQA COMPLIANCE. The Town Council finds and determines that the enactment of this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines section 15061(b)(3) (General Rule Exemption).
SECTION 3. This ordinance shall take effect thirty (30) days after the date of its passage. Before the expiration of fifteen (15) days after its passage, this ordinance or a summary thereof shall be published in a newspaper of general circulation published and circulated within the Town of Paradise along with the names of the members of the Town Council of Paradise voting for and against same.
95 PASSED AND ADOPTED by the Town Council of the Town of Paradise, County of Butte, State of California, on this day of , 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Greg Bolin, Mayor
ATTEST:
___________________________________
Dina Volenski, Town Clerk
APPROVED AS TO FORM:
________________________________
Scott E. Huber, Town Attorney
96 Town of Paradise
Council Agenda Summary
Date:
Agenda Item: 5(c)
ORIGINATED BY: Eric Reinbold, Chief of Police
Scott Huber, Town Attorney
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Receive Report Related to Use of “Military Equipment” as Defined in Paradise Municipal Code
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Consider discussing and soliciting public input related to the use of “military equipment” by the Paradise Police Department as defined by the Paradise Municipal Code; and, 2. Consider approving the updated Military Equipment policy for Paradise Police Department. (ROLL CALL VOTE) Background:
In early 2022, the Town of Paradise adopted an ordinance and policy which allowed the Paradise Police Department (PPD) to use “military equipment” as defined in Government Code sections 7070 through 7075. These sections of the Government Code also require a public agency that utilizes “military equipment” to provide an annual report on the ownership and use of such equipment. The Council will receive the report. In addition, the Council will consider the approval of the updated Military Equipment policy. At the next Town Council meeting, the Town Council will conduct a public hearing related to the report.
Analysis:
Items deemed to be “military equipment” by Government Code sections 7070 through 7075 are used as a component of overall best practices for LEAs throughout the country. These tools have been tested in the field, and are used by LEAs to enhance citizen safety, officer safety. Loss of these items would jeopardize the welfare of citizens and peace officers within the Town of Paradise Police Department.
The term “military equipment” in fact does not necessarily indicate equipment that has been used by the military. Pursuant to Government Code sections 7070 through 7075, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs.
PPD is committed to using the most up to date tools and equipment to safeguard the citizens of the Town of Paradise. Some of the items deemed to be “military equipment” by Government Code sections 7070 through 7075 are utilized by PPD, and LEAs across the country, in order to specifically reduce risk to community members. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force 97 encounter. The items listed in the Military Equipment Use Policy, also provide PPD’s peace officers with vital tools that facilitate compliance with its stringent use of force policy.
An annual report is required pursuant to Government Code sections 7070 through 7075. The report is required to include the following items:
1. A summary of how the Military Equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the Military Equipment.
3. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.
4. The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report.
5. The quantity possessed for each type of Military Equipment.
6. If the law enforcement agency intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.
The Council will receive the “military equipment” use report and will consider approval of modifications to the Military Equipment Policy, which is attached. Strikeouts from the current policy appear in red strikethrough text and additions appear in blue underlined text.
Financial Impact:
None at this time. Requests for acquisitions of new equipment will come to Council separately.
Attachments:
Amended Military Equipment Use Policy
Annual Report on Military Equipment Use
98 99
100
101
102
103
104
105
106
107
108
109
110
111
112
Town of Paradise
Council Agenda Summary
Date: April 11, 2023
Agenda Item: 6(a)
ORIGINATED BY: Colette Curtis, Recovery and Economic
Development Director
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Early Warning Siren Guidelines
LONG TERM
RECOVERY PLAN:
Yes
COUNCIL ACTION REQUESTED:
1. Consider reviewing and approving the attached Town of Paradise Early Warning Siren Guidelines. (ROLL CALL VOTE)
Background:
Following the 2018 Camp Fire, the Paradise community expressed the desire for a redundant warning system to be used in emergencies. The Long Term Community Recovery Plan, adopted in June 2019, identified an emergency notification system as one of the top priorities in recovery.
Of the 1,111 comments received during the public engagement process for the Long Term Community Recovery Plan, 1,068 were in favor of the system representing a 96% approval from those commenting.
Funded through two FEMA Hazard Mitigation Grant Program projects, one for design/scope and one for construction, the Early Warning Sirens, consisting of 21 siren towers throughout town, are being installed at the time of this meeting and will be fully operational this summer.
Analysis:
The attached guidelines are designed to be a guide to Town officials in the operation of the Early Warning Sirens. The Early Warning Sirens is part of the overall emergency notification strategy known as “Alert Paradise”. The purpose of the Early Warning Sirens is to provide a redundant warning system for residents and visitors in Paradise of potential or emergent hazards that threaten life and property. The Early Warning Sirens are designed to work in coordination with existing emergency notification systems and processes and to alert residents of emergencies which require evacuation.
Financial Impact:
The approval of this document has no impact on the General Fund. The Hazard Mitigation Grant Program (HMGP) though FEMA has provided funding for this project, which has previously been approved and accepted by Council and is included in the approved budget for 2022-23.
Attachments:
1. Attachment A – Town of Paradise Early Warning Siren Guidelines 113
Town of Paradise Early Warning Sirens Guidelines
Working together to rebuild a thriving community.
The Town of Paradise Early Warning System (EWS) consists of twenty-one siren towers located within the town limits of Paradise, California. This system will be known as the Early Warning Sirens (EWS) and is part of the overall emergency notification strategy known as “Alert Paradise”. The purpose of the EWS is to provide a redundant warning system for residents and visitors in Paradise of potential or emergent hazards that threaten life and property. The EWS is designed to work in coordination with existing emergency notification systems and processes and to alert residents of emergencies.
This document is intended to guide Town Officials in the operation of the Early Warning Sirens.
Sections:
Section 1. Siren Locations
Section 2. Activation
Section 3. Siren Tones and Voice Commands
Section 4. Testing Procedure
Section 1: Siren Locations
Siren locations were chosen after analysis of the topography and geography of the Paradise ridge. The 21 sirens are located primarily in public rights of way, or on public property, with the goal of providing audible warnings within Paradise Town limits. The tower locations are listed in table 1 below.
Eight siren locations will also have traffic cameras installed. These cameras are for Town of Paradise internal use only to monitor traffic and conditions during emergencies. Cameras with visibility to private property will have private property blocked from view of the camera. Data from cameras will stream live and will not be retained beyond 24 hours.
114
Town of Paradise Early Warning Sirens Guidelines
Working together to rebuild a thriving community.
Table 1: Siren Tower Locations
SITE DESCRIPTION LATITUDE LONGITUDE Zone & (C) Camera
1 Police Department – TOP Property 39°45'15.54"N 121°37'27.86"W 9 2 Pearson & Clark ROW 39°45'7.77"N 121°36'23.77"W 5 (C) 3 Maxwell & Fairview ROW 39°45'47.99"N 121°36'44.46"W 5 4 Sawmill & Nunneley ROW 39°45'21.00"N 121°35'20.80"W 7 5 Clark & Bille ROW 39°46'17.52"N 121°35'47.31"W 2 (C)
6 Paradise Town Hall TOP Property 39°44'57.10"N 121°38'0.70"W 9 (C) 7 Russell Drive & Skyway ROW 39°44'42.60"N 121°39'8.53"W 9 (C) 8 Neal & Grinding Rock ROW 39°43'57.97"N 121°39'4.61"W 10 9 Foster & Apple ROW 39°43'59.55"N 121°38'10.12"W 11
10 American Way TOP Property 39°44'12.60"N 121°36'36.76"W 12 (C) 11 Bennett & S. Libby ROW 39°44'15.75"N 121°35'38.06"W 13 12 Pentz & Water Tower ROW 39°44'3.05"N 121°34'24.84"W 14 13 Pentz & Ely ROW 39°46'36.30"N 121°34'47.03"W 3 (C)
14 Crestmore & Rose ROW 39°45'38.00"N 121°38'18.70"W 4
15 Bille & West Wagstaff ROW 39°46'13.42"N 121°37'48.39"W 1 & 4* 16 Clark & YSK Trail ROW 39°47'45.56"N 121°35'6.62"W 2 (C) 17 Pentz & Peach ROW 39°45'30.40"N 121°34'20.90"W 8
18 Pentz & Pearson ROW 39°44'52.00"N 121°34'23.30"W 14 & 8* (C) 19 Rocky Ln. & YSK Trail ROW 39°46'53.51"N 121°35'53.68"W 2 & 1* 20 Gregory & Waggoner ROW 39°46'44.00"N 121°36'47.90"W 1 21 Roe & Scottwood ROW 39°44'28.26"N 121°37'18.28"W 11
115
Town of Paradise Early Warning Sirens Guidelines
Working together to rebuild a thriving community.
The most proximal areas to the towers can expect 90db emitting from the towers, down to 60db outside Town limits. This system is designed to be audible for residents and visitors who are outdoors when the warning (siren tone or voice command) is given.
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Town of Paradise Early Warning Sirens Guidelines
Working together to rebuild a thriving community.
Section 2: Activation
Standardized signals for early warning devices have been established by the Federal Emergency Management Agency (FEMA). Additional information on policies and guidelines for Early Warning Systems can be found in the FEMS CPG 1-17 Outdoor Warning Systems Guide and the 2019 CA Alert Warning Guidelines. These standard guidelines have been incorporated in this document.
Activation Procedure
In the event of an evacuation order being issued, the Early Warning Sirens will be activated at the direction of the Paradise Police Chief (or their designee), Police Lieutenant, Police Sergeant, or Watch Commander.
The activation process will be initiated by Town of Paradise Police Department Dispatch once approval has been given. The process flow is shown visually below:
The Early Warning Sirens are only intended to be activated in a true emergency in which evacuation is required, such as a wildfire, flood, extreme weather event, or other life-threatening emergency.
Additional notification and information channels are to be used in tandem with the EWS. This emergency communication framework is known as Alert Paradise. The activation of the EWS is intended to indicate to all residents and visitors to seek further emergency information through radio, television, social media, or other channels.
Depending on the emergency, different levels of public notification will be appropriate. Activation of the Early Warning Sirens will be used for the most acute emergencies. The below table illustrates the 117
Town of Paradise Early Warning Sirens Guidelines
Working together to rebuild a thriving community.
hierarchy of notification channels within Alert Paradise. Once a notification channel is activated, all those below it in the hierarchy should also be utilized.
Alert Paradise
Section 3: Siren Tones and Voice Commands
Any activation of the EWS should include both siren tone and voice command with further instructions. It is understood that sirens may be audible for a distance beyond the immediate area for which the notification is intended, and clear instruction through the voice commands and on other communication channels will be important for the system to be used effectively.
Emergency Activation Siren and Voice
Immediate Evacuation Orders will prompt the activation of the Early Warning Sirens. A 1-minute-long siren tone will indicate residents should evacuate immediately. The siren tone should then be followed 118
Town of Paradise Early Warning Sirens Guidelines
Working together to rebuild a thriving community.
by a Voice Command telling residents to evacuate immediately and any appropriate additional information, such as direction of evacuation. The protocol will be as follows:
Siren Tone for a 1-minute duration
Voice Command: “An Immediate Evacuation Order has been issued for ________. “ Additional instructions for the evacuation direction or where to find further information can be included here.
Siren Tone for a 1-minute duration
This 3-step siren-message-siren interval will be repeated in the following manner:
10-minute loop of siren-message-siren intervals
5-minute break with no intervals
5-minute loop of intervals
5-minute break with no intervals
The 5-minute interval – break loop will continue until the emergency has subsided.
Section 4: Testing Procedures
The EWS will be tested both internally and externally. Internal-only tests will be performed weekly and will be done silently to test functionality but will not be audible to the public. External tests will be performed monthly, on the first Saturday of each month at 12:00 pm. The public will be notified of these tests in advance, with press releases, social media posts, website information, and Code Red notifications sent prior to testing for the first six months of operation. Following this period, notification will be made by social media Post and website updates.
The testing protocol will be as follows:
Voice Command: This is a test of the Paradise Early Warning Sirens Siren Tone for a 30 second duration
Voice Command: This was a test of the Paradise Early Warning Sirens. The was only a test.
For testing, only one interval of message-siren-message will be utilized.
During testing for the first six months, the Town will conduct a “can you hear me” campaign which will encourage residents to provide input on their location and what they can hear. This campaign will be 119
Town of Paradise Early Warning Sirens Guidelines
Working together to rebuild a thriving community.
for Town residents as well as residents of nearby communities and will help the Town understand the audibility of the system in actual conditions.
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Town of Paradise
Council Agenda Summary
Date: April 11, 2023
Agenda Item: 6(b)
ORIGINATED BY: Colette Curtis, Recovery and Economic
Development Director
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Transient Occupancy Tax Discussion
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Discuss and consider providing direction regarding future spending of transient occupancy tax revenues.
Background:
Transit Occupancy Tax (TOT) funds are intended to be used by local jurisdictions to offset impacts of short-term stays in the community. These funds may be used at the discretion of the local jurisdiction and may be used to promote tourism and increase the number of visitors to local hotels, thereby increasing revenue to local businesses and ultimately supporting economic vitality.
Per Paradise Municipal Code section 3.24.30, the current transient occupancy tax (TOT) rate is ten percent of the rent charged by the operator of the temporary lodging establishment. Based on the current TOT rate, the Town is expected to receive approximately $200,000 in TOT revenues during fiscal year (FY) 2022-23. This current budget amount is estimated based on the trend of average revenues following the 2018 Camp Fire.
Prior to the 2018 Camp Fire, the historical 13-year annual average TOT revenue was approximately $191,000, while the historical 5-year annual average TOT revenue was $209,000.
All TOT revenues are currently maintained within the General Fund and applied toward budgeted General Fund expenditures. The use of TOT revenues towards General Fund expenditures has been the practice of the Town since FY 2009-10. Prior to FY 2009-10, the Town had allocated approximately 50% of all TOT revenues received to three outside agencies. Of the 50% allocated, approximately 50% was allocated to the Paradise Ridge Chamber of Commerce, 25% was allocated to the Gold Nugget Museum, and 25% was allocated to the Paradise Performing Arts Center. The average annual TOT revenues collected during the time period in which TOT revenues were allocated totaled approximately $185,000.
Analysis:
At the February 2023 Council Meeting, Council heard a presentation regarding the current financial impact of the TOT revenues and had a discussion regarding how to potentially allocate 121
TOT funds in the future. Based on that discussion, Council asked Staff to bring back options for how to allocate funds directly to tourism-focused organizations in Paradise.
Organization Selection
Some of the organizations mentioned in Council discussion included the Paradise Ridge Chamber of Commerce, the Paradise Performing Arts Center, the Gold Nugget Museum, Theater on the Ridge, the Paradise Art Center, and the Paradise Arts Theater and Culture Alliance (PATCH).
Council may choose to allocate funding to any, all, or none of these organizations. In deciding which organizations to allocate TOT funds to, Council may want to expand their review and allow Paradise organizations to submit their names for consideration. This process would not constitute a formal grant or application, just a notice of interest from the organization so all Paradise tourismfocused organizations could be considered.
Financial Impact:
As previously stated, the Town is currently expected to receive approximately $200,000 in transient occupancy taxes during fiscal year 2022-23. This amount is estimated based on the trend of average revenues following the 2018 Camp Fire.
Based on the most recent updates to the fiscal sustainability model, the amount of the original settlement amount reserved for use toward operational costs (~$200 million) remaining as of the end of the 25-year projection period is projected to be $62.4 million. This projected reserve balance incorporates the assumption that transient occupancy taxes will be applied toward General Fund expenditures for the entirety of the 25-year projection period. Any allocation of current and future TOT revenues will reduce the projected reserve balance based on the proportionate share of TOT revenues provided to outside agencies and not utilized toward General Fund expenditures.
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Town of Paradise
Council Agenda Summary
Date: April 11, 2023
Agenda Item: 6(c)
ORIGINATED BY: Patrick Purvis, Fire Chief
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: California Department of Forestry and Fire Protection (CAL FIRE) Cooperative Fire Programs
Fire Protection Reimbursement Agreement -
Amendment
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Consider adopting Resolution No. 2023- ___ “A Resolution of the Town Council of the Town of Paradise Approving the “Second Amendment” with the California Department of Forestry and Fire Protection (CAL FIRE) for Services from July 1, 2021 through June 30, 2025, Contract Agreement Number 2CA05233” for a maximum amount not to exceed $18,994,417.” OR
2. Direct staff to negotiate an alternative agreement with CAL FIRE with a reduced level of service and reduced costs.” (ROLL CALL VOTE)
Background:
On March 9, 2021, the Town Council of the Town of Paradise approved the CAL FIRE contract for services from July 1, 2021 through June 30, 2025 for a maximum amount not to exceed $17,082,951.
On March 8, 2022 the Town Council of the Town of Paradise approved the CAL FIRE agreement amendment for an amount not to exceed $18,620,847. These increases were due to a 7.62% increase in salaries and a benefit rate increase of 20.41%.
Analysis:
The Town of Paradise will need to increase the contracted amount for FY 23/24 and FY 24/25 to maintain service levels provided within the Fire Department. The following factors have contributed to a $373,570 increase:
1. In FY 22/23 and 23/24 the Department experienced an increase of 6.5% in employee salaries associated with the current MOU with CAL FIRE Firefighters.
2. Department employees received a 2% increase in longevity pay.
3. Department employees received an increase of $75 per month for education incentives. 123
The contract is billed based on actual costs to provide services. It potentially has some savings built in as the maximum contract assumes that all employees are paid at the top step salary range.
The following shows the contracted amount versus what was paid (actual) from FY 18/19 through FY 21/22:
Fiscal Years Contract Actual Savings
2018/19 $3,874,279 $2,948,047 $926,232
2019/20 $3,988,633 $2,945,047 $409,868
2020/21 $4,103,806 $3,578,765 $987,757
2021/22 $4,307,949 $3,587,715 $335,767
2022/23 $4,937,037 $4,370,009 $567,028
Cost projection for FY 2022/2023
Financial Impact:
The amended contract for FY 23/24 and FY 24/25 will increase the contract cost by $373,570.
The amended contract price will not exceed $18,994,417. This increase will be covered out of the General Fund.
124
TOWN OF PARADISE
RESOLUTION NO. 2023-___
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE APPROVING THE “SECOND AMENDMENT” WITH THE CALIFORNIA
DEPARTMENT OF FORESTRY AND FIRE FOR SERVICES FROM JULY 1, 2021 TO JUNE 30, 2025, CONTRACT AGREEMENT NUMBER 2CA05233
WHEREAS, the California Department of Forestry and Fire (CAL FIRE) has provided fire protection and other services to the Town of Paradise since November 1, 2012. CAL FIRE has submitted a new Agreement to provide fire protection service to the Town of Paradise; and
WHEREAS, Town Council has reviewed the provisions of the Amended Agreement from CAL FIRE and determined that it is in the best interest of the Town to enter into an Amended Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PARADISE as follows:
Section 1. Town Council does hereby approve the Amended Agreement with the California Department of Forestry and Fire Protection (CAL FIRE) dated April 11, 2023 (Agreement). This Agreement provides fire protection services by CAL FIRE for the Town during the State fiscal year 2021/2022 through fiscal year 2024/2025.
Section 2. The Town Manager of the Town of Paradise is authorized to sign and execute the amended agreement on behalf of the Town of Paradise.
Section 3. The Town Manager shall be the Contract Administrator for the Agreement.
PASSED AND ADOPTED by the Paradise Town Council of the Town of Paradise, County of Butte, State of California, on this 11th day of April, 2023, by the following vote:
AYES:
NOES:
ABSENT:
NOT VOTING:
_______________________________
Greg Bolin, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________________ _______________________________ DINA VOLENSKI, CMC, Town Clerk SCOTT E. HUBER, Town Attorney 125
--CERTIFICATION OF RESOLUTION--
ATTEST:
I, Dina Volenski, Town Clerk of the Town of Paradise, California do hereby certify that this is a true and correct copy of the original Resolution No. 2023-___.
WITNESS MY HAND OR THE SEAL OF THE TOWN OF PARADISE, on this 11th day of April, 2023.
_______________________
Dina Volenski, CMC, Town Clerk
Town of Paradise
126
COOPERATIVE FIRE PROGRAMS
FIRE PROTECTION REIMBURSEMENT AGREEMENT AMENDMENT
LG-1A REV. 1/2023
AGREEMENT
NUMBER
AMENDMENT
NUMBER
CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED 1 Pages 2CA05233 2
1. This Agreement is entered into between the State Agency and the Local Agency named below:
STATE AGENCY'S NAME
California Department of Forestry and Fire Protection – (CAL FIRE) LOCAL AGENCY’S NAME
Town of Paradise
2. The term of this Agreement is: July 1, 2021 through June 30, 2025
3. The maximum amount of this
Agreement is:
$ 18,994,417.00
Eighteen million, nine hundred ninety four thousand, four hundred seventeen dollars and no cents
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.
This amendment increases funding to an existing contract for years 23/24 and 24/25. This increase is due to Memorandum of Understanding Bargaining Unit salary adjustments. The original contract was for $17,082,951.00, the first amendment added $1,537,896.00 for a total of $18,620,847.00. This second amendment increases the 4-year contract by $373,570.00 (see attached) to a total of $18,994,417.00. Fiscal year 21/22 includes a grant for (4) positions that will be reimbursed through February 2023.
All other terms and conditions shall remain the same.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
LOCAL AGENCY California Department of General
Services Use Only LOCAL AGENCY’S NAME
Town of Paradise
BY (Authorized Signature) DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Kevin Phillips, Town Manager
ADDRESS
5555 Skyway, Paradise, CA 95969
STATE OF CALIFORNIA
AGENCY NAME
California Department of Forestry and Fire Protection
BY (Authorized Signature) DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Matthew Sully, Assistant Deputy Director, Cooperative Fire ADDRESS P.O. Box 944246, Sacramento, CA 94244-2460
127
Cooperative Agreement between the Town of Paradise and the State of California Contract Amendment of 2CA05233
Original Agreement Costs
FY 21/22 $4,307,949
FY 22/23 $4,305,076
FY 23/24 $4,151,925
FY 24/25 $4,318,001
Total $17,082,951
*Safer Grant ends.
March 28, 2023
Amended Agreement Costs
$4,307,949
$4,937,037
$4,826,451 *
$4,922,980
$18,994,417
Contract Name: Town of Paradise
Contract No.: 2CA05233-A2
Page No.: 1
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Town of Paradise
Council Agenda Summary
Date: April 11, 2023
Agenda Item: 6(d)
ORIGINATED BY: Susan Hartman, Community Development
Director – Planning & Wastewater
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Town Council Appointment of a 2nd Member of the Exceptions Committee Relating to the Interim Housing
Urgency Ordinance
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. Consider appointing a second Town Council member, to replace former Councilmember Jones, to join Councilmember Culleton on the Exceptions Committee.
OR
2. Adopt an alternative directive to Town staff. (ROLL CALL VOTE) Background:
At the September 14, 2021 Town Council meeting, the Inteirm Housing Urgency Ordinance was amended to add language creating an Exceptions Committee comprised of two (2) Town Council members. At that time, Councilmembers Jones and Culleton were selected to serve on the Committee. In 2022 Councilmember Jones announced that she would not be seeking re-election in the November 2022 elections leaving a vacancy on the Exceptions Committee at the end of her term in December 2022.
At the March 17, 2023 Special Council meeting, the urgency ordinance was extended to April 30, 2024 thereby necessitating the filling of the vacancy on the Exceptions Committee.
Analysis:
The Exceptions Committee reviews requests for exceptions to the urgency ordinance due to extraordinary circumstances and, if merited, would refer the request to the full Town Council for review and approval and the next available Town Council meeting. Over the time the Exceptions Committee has existed, they have been tasked with reviewing four applications.
However, with the extension of the urgency ordinance, that number may increase if current temporary use permit holders fall out of compliance and become subject to permit revocation.
Financial Impact:
There is no cost to the Town’s General Fund for the appointment of a second Councilmember to serve on the Exceptions Committee.
129
Town of Paradise
Council Agenda Summary
Date: April 11, 2023
Agenda Item: 6(e)
ORIGINATED BY: Susan Hartman, Community Development
Director – Planning & Wastewater
REVIEWED BY: Kevin Phillips, Town Manager
Scott Huber, Town Attorney
SUBJECT: Consider Entering into a Memorandum of
Understanding (MOU) with the Cities of Biggs, Chico,
Gridley, Oroville, and Butte County for SB 1383 Edible
Food Recovery Regulatory Requirements
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. Consider authorizing the Town Attorney to review and approve the draft MOU agreement to be executed between the Town of Paradise and the “Jurisdictions” regarding SB 1383 which requires the state to reduce organic waste (food waste, green waste, paper products, etc.) disposal by 75% by 2025; and,
2. Authorize the Town Manager, on behalf of the Town of Paradise, to sign the MOU agreement. (ROLL CALL VOTE)
Background:
In 2016, SB 1383 Short-Lived Climate Pollutants (Lara) was adopted which requires the state to reduce organic waste (food waste, green waste, paper products, etc.) disposal by 75% by 2025.
The law also includes a target to increase food recovery by 20% of currently diposed edible food for human consumption by January 1, 2025.
To meet the mandated statewide goal, the law requires each jurisdiction in California to establish and monitor a robust food recovery program, which will strengthen the relationships between commercial edible food generators and food recovery organizations within their communities, requiring certain food businesses to send the maximum amount of edible food they would otherwise dipose to food recovery organizations.
SB 1383 places commercial edible food generators into two tiers to allow businesses and jurisdictions time to expand or build new food recovery infrastructure and capacity to donate foods that are harder to safely store and distribute.
Tier One Donors, of which the Town has none, were required to send surplus food to food organizations starting January 1, 2022. Those businesses include:
Supermarkets with revenue > $2M
130
Grocery stores with facilities > 10,000 sq ft.
Food service providers
Food distributors
Wholesale food vendors
Tier Two Donors are required to begin sending surplus food to food organizations starting January 1, 2024. Those businesses include:
Restaurants with facilities > 5,000 sq ft or 250+ seats Hotels with an on-site food facility and 200+ rooms
Health facilities with an on-site food facility and 100+ beds Large venues and events
State agency cafeterias with facilities > 5,000 sq ft or 250+ seats Local education agency with an on-site food facility (PUSD already donates their surplus food to the 530 Food Rescue Coalition)
Butte County has been working with a consultant, R3 Consulting Group, for their edible food recovery capacity study, which involved coordination with each local jurisdiction. This segment of SB 1383 is about identifying eligible food generators/providers/distributors/wholesale vendors and capturing food that is recoverable for donation to hunger relief programs. While Paradise does not have any “Tier 1” commercial edible food generators whose recoverable foods must be donated beginning January 1, 2022, we do have work ahead of us in being part of the creation of a regional food recovery network, to collect and distribute the food, before the next threshold in January 2024.
The draft implementation schedule that came out of the edible food recovery capacity study was:
JUNE 2023:
o Draft and execute an MOU between member jurisdictions that will establish Program goals and objectives, establish who will be responsible for coordinating the Program, and establish responsibilities for individual jurisdictions and other relevant stakeholders.
o Establish individual jurisdiction funding mechanisms for their proportionate support of the Program.
o Coordination with food recovery organizations and services regarding capacity and reporting.
FALL 2023:
o Develop Tier 2 outreach and implementation plans for each individual Tier 2 business category (e.g. restaurants, hotels, health facilities, etc.). Mid-Late 2024:
o Roll out recovery services to Tier 2 commercial edible food generators.
Analysis:
Following up on the County’s consultant’s work, staff from the member agencies of the CA Integrated Waste Management Local Task Force (Biggs, Chico, Gridley, Oroville, Paradise, & Butte County) have continued to work on the creation of a regional edible food recovery working group (EFRWG) to manage the edible food recovery portion of SB 1383.
The MOU between all Butte County jurisdictions and managed under the Edible Food Recovery Working Group (EFRWG) strengthens the local food recovery ecosystem by spurring funding and innovation in the fight against food waste; propagating waste prevention and recovery strategies; and supporting local food recovery programs that can manage the increase food recovery and data collection needed to support countywide SB 1383 compliance for the foreseeable future. 131
Under SB 1383, cities are required to help connect food generators with local organizations, to track the donations, and to enforce the mandates. In Butte County, the Community Action Agency had already established a pilot app-based food recovery program (530 Food Rescue Coalition, https://www.buttecaa.com/foodrescue/). This pilot program has the needed food recovery capacity to address edible food recovery requirements under SB 1383, and has proven to be the best local option for Tier 2 generator food recovery and data collection requirements. Providing the funding to assure that 530 Food Rescue Coalition remains a permanent part out our local food recovery program is the responsibility of all jurisdictions and ensures the needed capacity to be in full compliance with SB 1383, and provide a reliable and expandable food recovery infrastructure to assure food security for our community.
The regional coordination of efforts to fulfill portions of SB 1383, such as edible food recovery, is a benefit to the individual jurisdictions as a cost sharing mechanism and it allows the work efforts to be shared among a jointly funded Program Manager and jurisdictional staff members alleviating the burden of a full project roll-out on any one person or jurisdiction. Butte County would act as the lead jurisdiction in submittal of countywide SB 1383 reporting pertaining to edible food recovery.
The cost of jurisdictional participation in the food recovery program is allocated according to CA Dept of Finance population numbers. The proposed budget for the first year of Program funding is $367,000 with a 4% budget allocation ($14,026) assigned to Paradise which is commensurate with the Town’s percentage of the County’s population (see Attachment A). The budget will cover a Program Manager, Capacity Grants for the food rescue organizations, and Lead Jurisdiction funding (see Attachment B). As the Town’s population grows, future years’ budget allocations would be adjusted accordingly.
This MOU works to create an equiable, economical, and effective means by which all the member jurisdictions can comply with SB 1383 edible food recovery requirements.
Financial Impact:
As part of the 2022/23 FY budget, $7,500 in solid waste franchise tax fees were budgeted towards 530 Food Rescue Coalition which is less than half of the estimated fund reveues for the fiscal year. If all the countywide MOUs are executed before July, the $7,500 currently budgeted can be paid towards the Town’s $14,026 allocation for the Program’s 2023/24 budget and the balance alloated out of the Town’s 2023/24 solid waste budget. Historically, the solid waste franchise tax fees were used to offset the cost of staff assigned to solid waste management, but current staff funding through the Enterprise Fund allows those revenues to be reallocated to programs such as edible food recovery which brings us closer to compliance with SB 1383.
The Town currently receives sufficient solid waste franchise tax fees to cover the proposed Program allocations to Paradise. As the Town grows, so will the Program allocations but so will the franchise tax fees.
Attachments:
Attachment A – Votes per jurisdiction and population counts Attachment B – Budget and jurisdictional per capita contributions Draft MOU
132
EXHIBIT A
Votes per jurisdiction and population counts
Population
1/1/2022
Percent
of Total
1 Vote /
50,000 Pop
or portion
thereof
# Votes
Biggs 1,939 1% 1
Chico 102,892 51% 3
Gridley 7,205 4% 1
Oroville 18,863 9% 1
Paradise 7,705 4% 1
Balance of County 63,004 31% 2
Butte County
Total
201,608 100% 9
133
EXHIBIT B
Proposed Year 1 Program Budget
FY1 Budget
Program Manager $ 30,000
Capacity Grants
530 FRC 1-Year Tier 1 + Tier 2 Pilot Program $ 275,000
Other Capacity Grants $ 50,000
Year 1 Work Plan Task Funding $ 0
Lead Jurisdiction Funding $ 12,000
DEH Inspection/Enforcement Funding TBD
Total $ 367,000
Program Budget Allocations
FY 1 Budget Allocation
Jurisdiction
Population
1/1/2022
Percent
of Total
FY 1
Budget
Allocation
Biggs 1,939 1% $ 3,530
Chico 102,892 51% $ 187,301
Gridley 7,205 4% $ 13,116
Oroville 18,863 9% $ 34,338
Paradise 7,705 4% $ 14,026
Balance of County 63,004 31% $ 114,690
Total 201,608 100% $ 367,000
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RECITALS
ARTICLE 1: PURPOSE OF THE MOU
ARTICLE 2: DEFINITIONS
ARTICLE 3: EDIBLE FOOD RECOVERY PROGRAM GOAL
ARTICLE 4: EDIBLE FOOD RECOVERY PROGRAM ELEMENTS
4.1 General Elements
4.2 Program Management and Administration
4.3 Grant Funding for Commercial Edible Food Recovery Capacity
4.4 Tier 1 and Tier 2 Edible Food Recovery Capacity
4.5 Allocation of Annual Funding Requirements Among the Jurisdictions ARTICLE 5: RESPONSIBILITIES OF THE INDIVIDUAL JURISDICTIONS
5.1 Designated Representative and Surrogate
5.2 Jurisdictional Contact
5.3 Funding
5.4 Updating List of Food Recovery Organizations
5.5 Public Education and Outreach
5.6 Inspection and Enforcement
5.7 Recordkeeping and Reporting
ARTICLE 6: STRUCTURE AND RESPONSIBILITIES OF THE EDIBLE FOOD
WORKING GROUP
6.1 EFRWG Composition
6.2 EFRWG Meetings
6.3 Overall Program Responsibilities
6.4 Voting
6.5 Develop and Approve Annual Program Work Plan and Annual Program Budget
6.6 Program Funding Decisions
6.7 Grant Funding Applications
6.8 Capacity Planning
6.9 Countywide Food Security Planning Coordination
ARTICLE 7: JURISDICTION FUNDING RESPONSIBILITIES
7.1 Annual Program Budget
7.2 Allocation of Funding Requirements Among Individual Jurisdictions 135
ARTICLE 8: RESPONSIBILIES OF THE LEAD JURISDICTION
8.1 Overall Program Responsibilities
8.2 Contracting with the Program Manager
8.3 Managing of Program Related Funds
8.4 Countywide Reporting
8.5 Tracking and Reimbursement of Lead Jurisdiction Costs ARTICLE 9: RESPONSIBILITIES OF THE PROGRAM MANAGER
9.1 Overall Program Development and Implementation
9.2 Administration of Tier 1 Edible Food Recovery
9.3 Administration of Tier 2 Edible Food Recovery
9.4 Develop Annual Program Work Plan and Annual Program Budget
9.5 Quarterly Meetings
9.6 Pursing Grant Funding Opportunities
9.7 Overseeing Capacity Grant Applications and Awards
ARTICLE 10: CAPACITY GRANTS
10.1 Capacity Grant Funding
10.2 Capacity Grant Application and Award Process
10.3 Equitable Distribution of Capacity Grant Monies
ARTICLE 11: RESPONSIBILIES OF THE COUNTY
11.1 Countywide Reporting
ARTICLE 12: TERM AND WITHDRAWL
12.1 Term
12.2 Withdrawal
Attachments:
A. Allocation of EFRWB Votes Among Jurisdictions
B. Allocation of Funding Responsibilities Among Jurisdictions 136
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITIES OF BIGGS, CHICO, GRIDLEY, AND OROVILLE, THE TOWN OF
PARADISE, AND BUTTE COUNTY,
FOR MEETING CERTAIN SB 1383 EDIBLE FOOD RECOVERY REGULATORY
REQUIREMENTS
This Memorandum of Understanding (MOU) is entered into by and between the Cities of Biggs, Chico, Gridley and Oroville, the Town of Paradise and Butte County, individually referred to as a “Jurisdiction” and collectively referred to as the “Jurisdictions” on ________________[day, month, year] (Effective Date).
RECITALS
A. WHEREAS, the State of California passed Senate Bill 1383 (SB 1383) (Chapter 395, Statutes of 1383), which required the California Department of Resources Recycling and Recovery (CalRecycle) to adopt regulations to reduce organic waste by 50 percent from its 2014 baseline level by 2020 and 75 percent by 2025; and, B. WHEREAS, CalRecycle has finalized regulations and revised Chapter 12 (Short-lived Climate Pollutants) of Division 7 of Title 14 of the California Code of Regulations (“SB 1383 Regulations”); and,
C. WHEREAS, SB 1383 establishes a goal that not less than 20% of edible food that is currently disposed is recovered for human consumption by 2025; and, D. WHEREAS, SB 1383 Regulations require local agencies and jurisdictions to, among other things, ensure capacity for commercial edible food recovery and obtain funding for any additional required capacity, as necessary; and, E. WHEREAS, jurisdictions may designate a public or private entity to fulfill their responsibilities of the SB 1383 Regulations, except that the jurisdictions shall remain ultimately responsible for compliance in accordance with Section 18981.2 of the SB 1383 Regulation; and,
F. WHEREAS, the Jurisdictions intend to meet SB 1383’s requirement that jurisdictions implement an edible food recovery program through a coordinated countywide program rather than individual jurisdiction-specific programs; and, G. WHEREAS, the Jurisdictions are entering into this MOU to establish certain SB 1383 edible food recovery program roles and responsibilities that will be coordinated and implemented on a countywide basis under the terms and conditions set forth herein.
H. NOW, THEREFORE, the City Councils of the of Cities of Biggs, Chico, Gridley, and Oroville, the Town Council of the Town of Paradise, and the Board of Supervisors of Butte County resolve as follows:
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ARTICLE 1: PURPOSE OF THE MOU
The purpose and intent of this MOU is to provide an equitable, economical, and effective means by which the Jurisdictions can comply with certain SB 1383 edible food recovery program requirements, as specified below.
ARTICLE 2: DEFINITIONS
Capacity Grants – Grants awarded by the Edible Food Recovery Working Group (EFRWG), to Food Recovery Organizations, Food Recovery Services, and/or other entities for expenses related to the provision of Tier 1 and Tier 2 Edible Food Recovery Capacity.
Edible Food Recovery Working Group (EFRWG) - Representatives of each of the Jurisdictions who shall have overall responsibility for Program management and oversight of, and coordination with, the Program Manager.
Effective Date – The date on which this MOU has been executed by all Jurisdictions.
Fiscal Year – The fiscal year is July 1st through June 30th.
Fiscal Year Annual Program Work Plan or Annual Program Work Plan -The Fiscal Year Annual Program Work Plan is the document that is prepared annually by the Program Manager with direction from the EFRWG that identifies planned tasks to be addressed during the next fiscal year. The Annual Program Work Plan includes associated task schedules, and the entities responsible for completing those tasks.
Fiscal Year Annual Program Budget or Annual Program Budget - The Fiscal Year Annual Program Budget provides line item Program Fund revenues and expenses, and Program Fund balances for the fiscal year starting July 1st.
Food Justice - Food justice is a holistic and structural view of the food system that sees healthy food as a human right and addresses structural barriers to that right.
Food Recovery Organization - An entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities including, but not limited to: (A) A food bank as defined in Section 113783 of the Health and Safety Code; (B) A nonprofit charitable organization as defined in Section 113841 of the Health 20 and Safety code; and, (C) A nonprofit charitable temporary food facility as defined in Section 113842 of 22 the Health and Safety Code.
Food Recovery Service – A person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery.
Food Security - Means that all people at all times, have physical, social, and economic access to sufficient, safe, and nutritious foods that meets their food preferences and dietary needs for an active and healthy life.
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Jurisdictional Contact – The member of the EFRWG with responsibility for working with the Program Manager on applicable Program issues and items on behalf of their respective Jurisdiction, as agreed to by the EFRWG. The Jurisdiction Contact may or may not be the Jurisdictional Designated Representative.
Jurisdictional Designated Representative - The member of the EFRWG who has voting authority for their respective Jurisdiction.
Lead Jurisdiction – The Jurisdiction that assumes the responsibilities listed in Article 11 of this MOU.
Program - The coordinated countywide edible food recovery program that the Jurisdictions intend to implement to comply with SB 1383 edible food recovery program requirements.
Program Expenses – All expenses related to the Program including but not limited to program management and administrative expenses, and funding for Capacity Grants.
Program Fund – The fund to which individual Jurisdictions remit agreed upon Annual Program Budget funding and from which Program Expenses are paid.
Program Manager - The third party entity the Jurisdictions contract with to manage and administer the Program.
Real Time Donor and Recipient Matching Software - Software applications that allow businesses that have food available for donation to post the availability of that food on an actively managed website. Food distribution agencies or other neighborhood food programs can then claim that food for subsequent distribution to food insecure individuals and families. Collection of the food from the donor business and delivery to the receiving party is most commonly facilitated by volunteers, although the donating business or receiving party can also collect and delivery the food.
Tier 1 Commercial Edible Food Generator - A commercial edible food generator that is one of the following:
(A) Supermarket.
(B) Grocery store with a total facility size equal to or greater than 10,000 square feet. (C) Food service provider.
(D) Food distributor.
(E) Wholesale food vendor.
Tier 1 Edible Food Recovery Capacity - The capacity (resources) needed to ensure that all Tier 1 Commercial Edible Food Generators have the ability to meet their regulatory requirement to arrange to recover the maximum amount of edible food that would otherwise be disposed.
Tier 2 Commercial Edible Food Generator - A commercial edible food generator that is one of the following:
(A) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(B) Hotel with an on-site food facility and 200 or more rooms. (C) Health facility with an on-site food facility and 100 or more beds. 139
(D) Large venue.
(E) Large event.
(F) A state agency with a cafeteria with 250 or more seats or a total cafeteria facility size equal to or greater than 5,000 square feet.
(G) A local education agency with an on-site food facility.
Tier 2 Edible Food Recovery Capacity - The capacity needed to ensure that all Tier 2 Commercial Edible Food Generators have the ability to meet their regulatory requirement to arrange to recover the maximum amount of edible food that would otherwise be disposed.
ARTICLE 3: EDIBLE FOOD RECOVERY PROGRAM GOAL
To develop and implement a coordinated countywide SB 1383 edible food recovery program (Program) that is fully compliant with SB 1383 Regulations, and that provides cost effective edible food recovery capacity so that all Tier 1 and Tier 2 Commercial Edible Food Generators have access to the recovery capacity needed to arrange to recover the maximum amount of edible food that would otherwise be disposed.
ARTICLE 4: EDIBLE FOOD RECOVERY PROGRAM ELEMENTS
4.1 General Elements - The Program, as envisioned, will require developing, implementing, and, as necessary, funding additional Tier 1 and Tier 2 Edible Food Recovery Capacity, and developing other required and/or agreed upon Program components.
4.2 Program Management and Administration – The Lead Jurisdiction may contract with a third-party Program Manager, on behalf of the Jurisdictions, as specified in Article 11.
4.3 Funding of Commercial Edible Food Recovery Capacity – The EFRWG will secure required Tier 1 and Tier 2 commercial edible food recovery capacity through various methods, including providing funding for Capacity Grants to local edible food recovery organizations or service providers.
4.4 Tier 1 and Tier 2 Edible Food Recovery Capacity - It is envisioned that any additional required Tier 1 and Tier 2 Edible Food Recovery Capacity will be provided through existing non-profit recovery capacity, and new recovery capacity developed by existing non-profits or other organizations, as required, with funding provided by the Jurisdictions, as necessary and agreed to.
4.5 Real-time Donor/Recipient Software - It is envisioned that the required Edible Food Recovery Capacity may be provided through a Real-time Donor and Recipient Matching Software application.
4.6 Allocation of Annual Funding Requirements Among the Jurisdictions - Agreed upon annual funding requirements will be distributed among the jurisdictions based on population. The populations of the Jurisdictions, and associated funding requirements, will be reviewed and adjusted annually based on the then current 140
populations, as reported by the California Department of Finance. Attachment A contains the calculated Funding Requirements by Jurisdiction, as of January 1, 2022.
ARTICLE 5: RESPONSIBILITIES OF THE INDIVIDUAL JURISDICTIONS
5.1 Designated Representative and Alternate – Each Jurisdiction shall assign a Designated Representative who will have voting authority on behalf of the jurisdiction, and an alternate who will have voting authority in the event the Designated Representative is not available.
5.2 Jurisdictional Contact - Each Jurisdiction shall designate the primary jurisdictional point of contact with responsibility for working with the Program Manager on applicable Program issues and items, as directed by the EFRWG. The Jurisdiction Contact may or may not be a Designated Representative.
5.3 Funding - Each Jurisdiction shall establish funding mechanism(s) and remit their portion of the Annual Program Budget to the Lead Jurisdiction on a monthly, quarterly or annual basis, as agreed to.
5.4 Updating List of Food Recovery Organizations - Each Jurisdiction shall identify any known changes to the then current list of Food Recovery Organizations in their respective jurisdictions and report that information to the Program Manager by January 31st of each year.
5.5 Public Education and Outreach - The Jurisdictions will seek to develop a uniformly branded, multi-lingual edible food recovery public education and outreach program and associated education and outreach materials. Each Jurisdiction shall be responsible for SB 1383 public education and outreach requirements as they apply to their respective Jurisdiction, unless otherwise agreed to by the Jurisdictions.
5.6 Inspection and Enforcement – Each Jurisdiction shall be responsible for SB 1383 inspection and enforcement requirements as they apply to their respective Jurisdiction, unless otherwise agreed to by the Jurisdictions.
5.7 Recordkeeping and Reporting – Each Jurisdiction shall be responsible for SB 1383 recordkeeping and reporting requirements as they apply to their respective Jurisdiction, unless otherwise agreed to by the Jurisdictions.
ARTICLE 6: STRUCTURE AND RESPONSIBILITIES OF THE EDIBLE FOOD
WORKING GROUP
6.1 EFRWG Composition - The EFRWG is to be comprised of each Jurisdiction’s Designated Representative and Jurisdictional Contact.
6.2 EFRWG Meetings - The EFRWG shall meet no less than quarterly with the Program Manager to receive quarterly updates, conduct Program planning and take any other necessary or desired actions. In addition to each Jurisdiction’s Designated Representative and Jurisdictional Contact, other staff of the jurisdictions, and consultants to the Jurisdictions, may attend EFRWG meetings. Other relevant parties may also attend 141
EFRWG meetings, as agreed to by the EFRWG. EFRWG meetings will be held on-line unless otherwise agreed to.
6.3 Overall Program Responsibilities - The EFRWG will have overall responsibility for administering the Program, and for oversight of the Program Manager and his/her implementation of the approved Annual Work Plan, and other agreed upon short-, medium-, and long-term tasks.
6.4 Voting - As necessary, Program decisions of the EFRWG will be based on the votes cast by each Jurisdiction’s Designated Representative. Voting results shall be based on majority rule, unless another benchmark has been established for determining the results of voting on a particular item (e.g., a unanimous decision), as agreed to by the EFRWG by a vote of the majority.
Each Jurisdiction shall receive one weighted vote for every 50,000 residents, or portion thereof. Based on the current population of the Jurisdictions, the weighted votes per Jurisdiction are as follows:
Biggs 1 vote
Chico 3 votes
Gridley 1 vote
Oroville 1 vote
Paradise 1 vote
Butte County 2 votes
Total 9 votes
The number of votes per Jurisdiction shall be reviewed annually and adjusted, if and as necessary, based on the then current populations of the Jurisdictions, as reported by the California Department of Finance. Attachment A contains the calculated number of votes by Jurisdiction as of January 1, 2022
6.5 Develop and Approve Annual Program Work Plan and Annual Program Budget – The EFRWG shall develop and approve an Annual Program Work Plan and Annual Program Budget, in coordination with the Program Manager each year.
6.6 Program Funding Decisions - The EFRWG will be responsible for Program funding decisions.
6.7 Grant Funding Applications – The EFRWG shall make decisions as to any grant funds to be pursued and shall help facilitate grant applications, as necessary.
6.8 Capacity Planning – The EFRWG shall coordinate future required capacity planning, including the preparation of required implementation schedules and associated reporting as required by SB 1383 Section 18992.3.
6.9 Countywide Food Security Planning Coordination – The EFRWG shall coordinate with broader Food Security and Food Justice planning in Butte County as it deems appropriate.
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ARTICLE 7: JURISDICTION FUNDING RESPONSIBILITIES
7.1 Allocation of Funding Requirements Among Individual Jurisdictions - The Annual Program Budget shall be allocated among the individual jurisdictions based on their percentage of the overall Countywide population, as of January 1st of each year, as reported by the California Department of Finance. at:
https://dof.ca.gov/forecasting/demographics/estimates-e1/. Attachment B: contains the jurisdictional per capita contributions as of July 1, 2023.
7.2 Annual Program Budget - The Jurisdictions shall be responsible for remitting their portion of the Annual Program Budget into the Program Fund to be maintained by the Lead Jurisdiction as per Article 8, on a monthly, quarterly or annual basis, or as otherwise agreed to.
ARTICLE 8: RESPONSIBILITIES OF THE LEAD JURISDICTION
8.1 Overall Program Responsibilities – The Lead Jurisdiction shall manage the Program Fund.
8.2 Program Manager - It shall be the responsibility of the Lead Jurisdiction to provide a Program Manager or contract with the third party Program Manager on behalf of the Jurisdictions. The Program Manager shall be funded by Program Funds.
8.3 Managing of Program Related Funds - The Lead Jurisdiction shall create and maintain the Program Fund, fund centers, and cost centers necessary to support the Program’s revenues, expenditures, and fund balance. Tasks associated with the management of the Program Fund include initial fund set-up, collection of funds, distribution of funds, and annual reporting of account activities to the EFRWG.
8.4 Tracking and Reimbursement of Lead Jurisdiction Costs - The Lead Jurisdiction shall track its administrative costs associated with its responsibilities as listed above and shall be reimbursed for such expenses out of the Program Fund. The Lead Jurisdiction shall invoice the EFRWG on a quarterly basis. Billing shall be based on a billing rate schedule that will be updated annually. Total annual Lead Jurisdiction compensation shall not exceed $________ annually, adjusted for inflation.
ARTICLE 9: RESPONSIBILITIES OF THE PROGRAM MANAGER
9.1 Overall Program Development and Implementation – The Program Manager shall have overall responsibility for the development and implementation of the Program as documented in the Annual Work Plan tasks, and/or as otherwise directed by the EFRWG.
9.2 Administration of Tier 1 Edible Food Recovery – The Program Manager, in coordination with the Jurisdictional Contacts, shall be responsible for facilitating the provision of any required Tier 1 Edible Food Recovery Capacity to Tier 1 Commercial Edible Food Generators.
9.3 Administration of Tier 2 Edible Food Recovery - The Program Manager, in coordination with the Jurisdictional Contacts, shall be responsible for facilitating the 143
provision of any required Tier 2 Edible Food Recovery Capacity to Tier 2 Commercial Edible Food Generators.
9.4 Develop Fiscal Year Annual Program Work Plan and Fiscal Year Annual Program Budget - The Program Manager, along with the EFRWG, shall develop a draft Annual Program Work Plan and Annual Program Budget each year. The Program Manager may make changes to the Annual Program Work Plan and Annual Program Budget as directed by the EFRWG and prepare and submit a final Annual Program Work Plan and Annual Program Budget to the EFRWG each year.
9.5 EFRWG Meetings – The Program Manager shall facilitate meetings with the EFRWG quarterly, as needed or directed by the EFRWG. The Program Manager shall be responsible for preparing meeting agendas, to be approved by the EFRWG, and which are may include Program updates and provide for Program planning and any other appropriate Program actions.
9.6 Pursuing Grant Funding Opportunities – The Program Manager, in coordination with the Jurisdictional Contacts, shall be responsible for tracking and identifying grant funding opportunities, and shall prepare or otherwise facilitate EFRWG approved grant applications, as directed by the EFRWG.
9.7 Managing Capacity Grant Applications and Awards – The Lead Jurisdiction and Program Manager shall be responsible for developing and managing the Capacity Grant application and award process in conjunction with the EFRWG.
ARTICLE 10: CAPACITY GRANTS
10.1 Capacity Grant Funding – Funding for Capacity Grants shall be provided in the Annual Program Budget, as determined by the EFRWG. Unless otherwise directed by the EFRWG, any Annual Program Budget funding earmarked for Capacity Grants that are not awarded in the fiscal year they were budgeted shall be made available for Capacity Grant funding in future years,.
10.2 Capacity Grant Application and Award Process – The EFRWG shall develop and administer a Capacity Grant application, award, and agreement process to be managed by the Program Manager. It is anticipated that Capacity Grants may be awarded for both additional Tier 1 and Tier 2 Edible Food Recovery Capacity, as well as for costs related to existing Tier 1 and Tier 2 Edible Food Recovery Capacity in support of maintaining the ongoing viability of that existing capacity.
10.3 Equitable Distribution of Capacity Grant Monies - It is the intention of the Jurisdictions that Capacity Grant monies will be distributed among Food Recovery Organizations, Food Recovery Services and/or other entities that recover and/or distribute food from Tier 1 or Tier 2 Commercial Edible Food Generators in a manner that best supports optimizing commercial edible food recovery and distribution in the County, with consideration for equitably distributing Capacity Grant monies among those entities that apply for Capacity Grants.
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ARTICLE 11: RESPONSIBILITIES OF THE COUNTY
11.1 Countywide SB 1383 Reporting – The Jurisdictions agree to allow the County to submit agreed upon Program related records and/or other information to CalRecycle and/or other entities on behalf of the individual Jurisdictions as directed by the EFRWG.
ARTICLE 12: TERM AND WITHDRAWAL
12.1 Term - This MOU shall commence on the Effective Date and remain in full force and effect unless or until terminated as specified in Section 12.2 below.
12.2 Withdrawal - Any Jurisdiction may withdraw as a party to this MOU upon giving one hundred and eighty (180) calendar days’ prior written notice to the EFRWG.
Any Jurisdiction withdrawing as a party to this MOU shall assume all applicable SB 1383 edible food recovery regulatory requirements, and all other responsibilities otherwise provided for through this MOU.
Any Jurisdiction withdrawing as a party to this MOU shall be reimbursed for that portion of any Program Fund balance provided by the jurisdiction that exists at the end of the then current fiscal year. Any such then existing balance will be reimbursed to a Jurisdiction consistent with that Jurisdiction’s Allocation of Funding Requirements, as established in Section 5.6.
CITY OF BIGGS
______________________________
By:
City Administrator
CITY OF CHICO
______________________________
By: Mark Sorensen
City Manager
CITY OF GRIDLEY
______________________________
By: Cliff Wagner
City Administrator
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CITY OF OROVILLE
______________________________
By: Brian Ring
City Administrator
COUNTY OF BUTTE
_____________________________
By: Andy Pickett
Chief Administrative Officer
TOWN OF PARADISE
____________________________
By: Marc Mattox
Interim Town Manager
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Town of Paradise
Council Agenda Summary
Date: April 11, 2023
Agenda Item: 6(f)
ORIGINATED BY: Jessica Erdahl, Sr. Capital Projects Manager REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Project Baseline Agreements - Go Paradise: Pentz Student Pathway and Go Paradise: Neal Gateway Project
LONG TERM
RECOVERY PLAN:
Yes, Tier 1, Evacuation Routes
COUNCIL ACTION REQUESTED:
1. Consider approving the following Project Baseline Agreements that are required to be executed between the Town of Paradise, the California Transportation Commission and California Department of Transportation, binding each to certain responsibilities to process State and federal funded projects:
Project Baseline Agreement for Go Paradise: Pentz Student Pathway Project Baseline Agreement for Go Paradise: Neal Gateway Project
2. Adopt Resolution No. 2023- ___ “A Resolution of the Town Council of the Town of Paradise Authorizing the Town Manager or his Designee to sign the Project Baseline Agreement between the California Transportation Commission, the California Department of Transportation, and the Town of Paradise for the Active Transportation Program Corresponding to Project Go Paradise: Pentz Student Pathway Project.”
3. Adopt Resolution No. 2023- ___ “A Resolution of the Town Council of the Town of Paradise Authorizing the Town Manager or his Designee to sign the Project Baseline Agreement between the California Transportation Commission, the California Department of Transportation, and the Town of Paradise for the Active Transportation Program Corresponding to Project Go Paradise: Neal Gateway Project.” Background:
On September 26, 2013, Governor Brown signed legislation creating the Active Transportation Program (ATP) in the Department of Transportation (Senate Bill 99, Chapter 359 and Assembly Bill 101, Chapter 354). The ATP consolidates existing federal and state transportation programs, including the Transportation Alternatives Program (TAP), Bicycle Transportation Account (BTA), and State Safe Routes to School (SR2S), into a single program with a focus to make California a national leader in active transportation. The ATP administered by the Division of Local Assistance, Office of Active Transportation and Special Programs. The objective of the ATP is to achieve the following objectives:
• Increase the proportion of biking and walking trips,
• Increase safety for non-motorized users,
• Increase mobility for non-motorized users,
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• Advance the efforts of regional agencies to achieve greenhouse gas reduction goals, • Enhance public health, including the reduction of childhood obesity through the use of projects eligible for Safe Routes to Schools Program funding, • Ensure disadvantaged communities fully share in program benefits, and • Provide a broad spectrum of projects to benefit many types of active transportation users.
In Spring 2022, Caltrans announced the Call-for-Projects for the Active Transportation Program Cycle 6. In June 2022 the Town of Paradise submitted five complete grant applications for funding, including: (1) Go Paradise: Neal Gateway Project, (2) Go Paradise: Pentz Student Pathway, (3) Go Paradise: Skyway Link Project, (4) Go Paradise: Oliver-Park Connection Project, and (5) Go Paradise: Yellowstone Kelly Heritage Trail Western Spur.
On December 7, 2022, the California Transportation Committee announced the adoption of Statewide and Small Urban and Rural components of the program, including three of the Town’s infrastructure applications – totaling over $41 million.
The three awarded projects and their descriptions are provided below.
Project Title Project
Limits Description
ATP
Programmed
Amount
Total
Project
Cost
Go Paradise:
Neal Gateway
Project
Neal Rd
Between
Skyway
and Town
Limits
Construct a Class 1 bike path along
Neal Road. The bike path will tie
into Yellowstone Kelly Heritage
Trail and Butte County Class II Bike
Lanes terminating at Town Limits.
$12.348M $13.068M
Go Paradise:
Pentz Student
Pathway
Pentz Road
between
Skyway to
Wagstaff and
Bille Rd to
Malibu Drive.
Construct a Class 1 bike path along
Pentz Road, between Skyway to
Wagstaff and Bille Rd to Malibu
Drive.
$22.009M $23.293M
Go Paradise:
Skyway Link
Project
Skyway
between
Bille Road
and Wagstaff
Road
Construct on-street bicycle lanes,
sidewalk infill, and ADA ramps
along Skyway between Bille Road
and Wagstaff Road.
$6.704M $6.810M
Note that baseline agreements are only required for projects with an ATP programmed amount of greater than $10M.
All three projects include costs for preliminary engineering, right of way, construction and construction engineering.
Analysis:
To remain eligible for the allocated grant funding, the Town of Paradise is required to execute a Project Baseline Agreement. These agreements serve as a contract between the Town of Paradise, the California Transportation Commission and California Department of Transportation, binding each to certain responsibilities to process State and federal funded projects. The attached agreements must be approved by the Town to continue receipt of the recently awarded Cycle 6 ATP funds.
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Financial Impact:
The estimated funding breakdown for each project and appropriate phases is shown on the next page:
Attachments:
1. Resolution Project Baseline Agreement for Go Paradise: Pentz Student Pathway
2. Resolution Project Baseline Agreement for Go Paradise: Neal Gateway Project
3. Project Baseline Agreement for Go Paradise: Pentz Student Pathway
4. Project Baseline Agreement for Go Paradise: Neal Gateway Project Project Title ATP CMAQ Total ATP CDBG-DR Total ATP CDBG-DR Total Go Paradise - Pentz Student Pathway $150,000 $700,000 $850,000 $1,948,000 $52,000 $2,000,000 $19,911,000 $532,000 $20,443,000 $23,293,000 Go Paradise - Neal Gateway Project $352,000 $550,000 $902,000 $1,486,000 $21,000 $1,507,000 $10,510,000 $149,000 $10,659,000 $13,068,000 PE - FY 23/24 RW - FY 23/24 CON/CE -FY 25/26
Total
Project Title ATP CMAQ CDBG-DR
Go Paradise - Pentz Student Pathway $22,009,000 $700,000 $584,000 $23,293,000 Go Paradise - Neal Gateway Project $12,348,000 $550,000 $170,000 $13,068,000 Funding Source
Total
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TOWN OF PARADISE
RESOLUTION NO. 2023 - ___
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE
AUTHORIZING THE TOWN MANAGER OR HIS DESIGNEE TO SIGN THE PROJECT
BASELINE AGREEMENT BETWEEN THE CALIFORNIA TRANSPORTATION
COMMISSION, THE CALIFORNIA DEPARTMENT OF TRANSPORTATION, AND THE
TOWN OF PARADISE FOR THE ACTIVE TRANSPORTATION PROGRAM
CORRESPONDING TO PROJECT GO PARADISE: PENTZ STUDENT PATHWAY PROJECT.
WHEREAS, the State of California through its Department of Transportation (Caltrans) administers the Active Transportation Program (ATP) and selects projects for funding; and,
WHEREAS, the Go Paradise: Pentz Student Pathway project has been awarded $22,009,000 from the California Transportation Commission’s 2023 ATP; and,
WHEREAS, the SB1 Accountability and Transparency Guidelines require projects with a total project cost of $25 million or greater or a total ATP programmed amount of $10 million or greater to complete a Baseline Agreement; and,
WHEREAS, Caltrans under the SB1 Accountability and Transparency Guidelines requires the Town of Paradise to execute a Project Baseline Agreement in order to be eligible to receive Federal-Aid and State-Aid for eligible project costs for the Go Paradise: Pentz Student Pathway project; and, WHEREAS, these funds will require that they are managed in accordance with the Caltrans Local Assistance Procedures Manual; and, WHEREAS, the Town Council of the Town of Paradise has approved and agreed to this Project Baseline Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF PARADISE AS FOLLOWS:
Section 1. That the Town Manager of the Town of Paradise, or her designee, is hereby authorized to sign said Agreement on behalf of the Town.
Section 2. The Town Clerk shall certify the passage and adoption of this resolution.
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TOWN OF PARADISE
RESOLUTION NO. 2023-__
2 PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 11th day of April, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Greg Bolin, Mayor
ATTEST:
Dina Volenski, CMC, Town Clerk
APPROVED AS TO FORM:
Scott E. Huber, Town Attorney
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TOWN OF PARADISE
RESOLUTION NO. 2023-__
3 --CERTIFICATION OF RESOLUTION--
ATTEST:
I, Dina Volenski, Town Clerk of the Town of Paradise, California do hereby certify that this is a true and correct copy of the original Resolution No. 2023-___.
WITNESS MY HAND OR THE SEAL OF THE TOWN OF PARADISE, on this 11th day of April, 2023.
_______________________
Dina Volenski, CMC, Town Clerk
Town of Paradise
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1 TOWN OF PARADISE
RESOLUTION NO. 2023 - ____
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE
AUTHORIZING THE TOWN MANAGER OR HIS DESIGNEE TO SIGN THE
PROJECT BASELINE AGREEMENT BETWEEN THE CALIFORNIA
TRANSPORTATION COMMISSION, THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION, AND THE TOWN OF PARADISE FOR THE ACTIVE
TRANSPORTATION PROGRAM CORRESPONDING TO PROJECT GO
PARADISE: NEAL GATEWAY PROJECT.
WHEREAS, the State of California through its Department of Transportation (Caltrans) administers the Active Transportation Program (ATP) and selects projects for funding; and,
WHEREAS, the Go Paradise: Neal Gateway project has been awarded $12,348,000 from the California Transportation Commission’s 2023 ATP; and, WHEREAS, the SB1 Accountability and Transparency Guidelines require projects with a total project cost of $25 million or greater or a total ATP programmed amount of $10 million or greater to complete a Baseline Agreement; and,
WHEREAS, Caltrans under the SB1 Accountability and Transparency Guidelines requires the Town of Paradise to execute a Project Baseline Agreement in order to be eligible to receive Federal-Aid and State-Aid for eligible project costs for the Go Paradise: Neal Gateway project; and,
WHEREAS, these funds will require that they are managed in accordance with the Caltrans Local Assistance Procedures Manual; and, WHEREAS, the Town Council of the Town of Paradise has approved and agreed to this Project Baseline Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF PARADISE AS FOLLOWS:
Section 1. That the Town Manager of the Town of Paradise, or her designee, is hereby authorized to sign said Agreement on behalf of the Town.
Section 2. The Town Clerk shall certify the passage and adoption of this resolution.
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2 PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 11th day of April, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Greg Bolin, Mayor
ATTEST:
Dina Volenski, CMC, Town Clerk
APPROVED AS TO FORM:
Scott E. Huber, Town Attorney
--CERTIFICATION OF RESOLUTION--
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3 ATTEST:
I, Dina Volenski, Town Clerk of the Town of Paradise, California do hereby certify that this is a true and correct copy of the original Resolution No. 2023-___.
WITNESS MY HAND OR THE SEAL OF THE TOWN OF PARADISE, on this 11th day of April, 2023.
_______________________
Dina Volenski, CMC, Town Clerk
Town of Paradise
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