Town of Paradise
Town Council Meeting Agenda
6:00 PM – September 12, 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, Jim Goodwin
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, Aimee Beleu
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. Financial Update - Jim McCourt from Meeder Investments 1f. Update on TOT applications and process - Colette Curtis, Recovery and Economic Development Director.
1g. Camp Fire Recovery Updates - Written reports are included in the agenda packet.
p6 Colette Curtis, Recovery and Economic Development Director - Recovery Projects, Advocacy, Economic Recovery and Development, Communications and Emergency Operations.
p10 Marc Mattox, Public Works Director/Town Engineer - Infrastructure and Sewer Update
p12 Tony Lindsey, CDD-Building and Code Enforcement-Code Enforcement Update
p17 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. p19 Approve minutes of the August 8th, 2023 Special and Regular Town Council meetings and the August 17th, 2023 Special Town Council meeting.
2b. p26 Approve August 2023 Cash Disbursements in the amount of $5,959,963.86.
2c. p34 Consider authorizing the Mayor and Town Manager to execute documents necessary to amend the contract for banking services with U.S.
Bank originally dated October 1, 2017 to extend the terms of the agreement from October 1, 2023 to March 31, 2024. (This is the second and final extension.)
2d. p36 1. Authorize the Town Manager to execute an agreement with the California Department of Forestry and Fire Protection (CAL FIRE) for acceptance of the USDA 2023 Volunteer Fire Capacity Grant award to purchase new structural and wildland personal protective equipment (PPE); and, 2. Adopt Resolution No. 2023-41, A Resolution of the Town Council of the Town of Paradise, "Approving the Department of Forestry and Fire Protection Agreement #7GF23086 for services from the date of last signatory on page 1 of the Agreement to June 30, 2024 under the Volunteer Fire Capacity Program of the Cooperative Forestry Act of 1978." 2 3
2e. p47 Adopt Resolution No. 2023-42, “A Resolution of the Town Council of the Town of Paradise Authorizing Destruction of Certain Town Records Maintained in the Finance Division Pursuant to Government Code Section 34090.”
2f. p51 Approve recommended personnel change to position control as follows:
1. Temporary over-hire of an Accountant for training due to attrition (item 2)
2. Add additional Account position beginning September 2023
3. Sunset Accounting Manager position when vacated (anticipated December 2023)
2g. p52 Adopt Resolution No. 2023-43, “A Resolution of the Town Council of the Town of Paradise Authorizing Application for, and Receipt of, Grant Funds for California Strategic Growth Council (SGC) Round 1 of the Community Resilience Centers (CRC Program).”
2h. p56 1. Declare the attached described equipment as surplus property; and,
2. Adopt Resolution No. 2023-44, “A Resolution of the Town Council of the Town of Paradise Declaring Certain Town Equipment to be Surplus and Obsolete and Authorizing Disposal by the Town Manager or his Designee.”
3. ITEMS REMOVED FROM CONSENT CALENDAR - None
4. PUBLIC COMMUNICATION
For matters that are not on the Council business agenda, speakers are allowed three (3) minutes to address the Council. The Town Council is prohibited from taking action on matters that are not listed on the public agenda. The Council may briefly respond for clarification and may refer the matter to the Town staff.
5. PUBLIC HEARINGS
For items that require a published legal notice and/or a mailed notice.
Public Hearing Procedure:
A. Staff Report
B. Mayor opens the hearing for public comment in the following order:
i. Project proponents (in favor of proposal)
ii. Project opponents (against proposal)
iii. Rebuttals – if requested
C. Mayor closes the hearing
D. Council discussion and vote
5a. p61 1. Conduct a duly noticed and published public hearing to receive comments on the Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) Program; and, 2. Authorize the Town Manager to submit the CAPER to the Department of Housing and Urban Development (HUD). (ROLL CALL VOTE)
5b. p81 1. Conduct the duly noticed and published public hearing; and,
2. Concur with the project “CEQA determination” finding presented and considered by the Planning Commission on August 15, 2023; and, 3.
Concur with the project recommended rezone action adopted by the 3 Planning Commission on August 15, 2023, and embodied within Planning Commission Resolution No. 2023-03; and, 4. Waive the first reading of Town Ordinance No. 628 and read by title only (roll call vote); and,
5. Introduce Town of Paradise Town Ordinance No. 628 “An Ordinance Rezoning Certain Real Property from “RR-1” (Rural Residential 1-acre minimum) to an RR ½ (Rural Residential ½-acre minimum) Zone Pursuant to Paradise Municipal Code Sections 17.45.500 Et. Seq. (Fisher: PL23- 00111)”; or, 6. Adopt an alternative directive to town staff. (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. p96 Consider adopting Town of Paradise Resolution No. 2023-45, “A Resolution of the Town Council of the Town of Paradise Amending the Local Agency Management Program (LAMP) Relating to Onsite Sewage Disposal Regulations.” (ROLL CALL VOTE)
6b. p102 1. Consider concurring with staff recommendation to file a CEQA Notice of Exemption for the Interim Striping Safety Project 2023; and, 2.
Adopt Resolution No. 2023-46, “A Resolution of the Town Council of the Town of Paradise Approving the Plans and Specifications for the Interim Striping Safety Project 2023 and Authorizing Advertisement for Bids on the Project.” (ROLL CALL VOTE)
6c. p106 1. Consider concurring with staff recommendation to file a CEQA Notice of Exemption for the Evacuation Zone Sign Project; and, 2. Adopt Resolution No. 2023-47, “A Resolution of the Town Council of the Town of Paradise Approving the Plans and Specifications for the Evacuation Zone Sign Project and Authorizing Advertisement for Bids on the Project.” (ROLL
CALL VOTE)
6d. p111 1. Consider waiving the first reading of Town Ordinance No. 629 and read by title only; and, 2. Introduce Ordinance No. 629 “An Ordinance of the Town Council of the Town of Paradise Amending Paradise Municipal Code Section 10.02.060 Regarding Vehicular Speed Limits.” (ROLL CALL VOTE)
7. COUNCIL INITIATED ITEMS AND REPORTS
7a. Council initiated agenda items
7a1. Discuss the use of private lots being used, by contractors and/or individuals, without the homeowner/property owner's permission. (CROWDER)
7b. Council reports on committee representation
7c. Future Agenda Items
8. STAFF COMMUNICATION
8a. Town Manager Report
4 Community Development Director
5 9. CLOSED SESSION - None
10. ADJOURNMENT
5 Town of Paradise
Council Agenda Summary
Date: September 12, 2023
Agenda Item: 1(g)
ORIGINATED BY: Colette Curtis, Recovery and Economic
Development Director
REVIEWED BY: Jim Goodwin, 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:
ECONOMIC DEVELOPMENT
Commercial Sign Removal Program
o Application period opened January 16th, 2023.
o 12 signs have been removed using the program.
o $76,981 is left in the program.
o All properties with non-compliant signs have received a notice of violation and information about the program.
o Properties that continue to be non-compliant will move through the code enforcement process, including the issuance of fines.
CDBG-DR Economic Development
The Butte County allocation for CDBG DR Economic Development has been announced at $18.7 million.
The Program Policies and Procedures Manual was released in spring 2023. Notice of Funding Availability (NOFA) is expected to be released this fall (delayed from spring).
In preparation, the Town is working with our regional workforce partners on a potential workforce training center project.
Our partners include Paradise Unified School District, Butte College, Valley Contractor’s Exchange, Oroville Adult School, Alliance for Workforce Development, and 3Core. 6 Paradise Ridge Brand Campaign
Rebranding effort led by the Paradise Ridge Chamber of Commerce Goal is to create a cohesive brand strategy to market the ridge to businesses and residents.
After being presented to Council and the community over the last month, the next step is a website for new residents which is currently being developed by the consultant who drafted the study and strategy.
The website is fully funded through existing grant funds received by the Chamber of Commerce.
Advocacy Day and Legislative Tour
The Town is collaborating with the Campfire Collaborative, Rebuild Paradise Foundation, and North Valley Community Foundation on a gratitude/advocacy day in November in Sacramento.
The focus is on gratitude for the help we’ve received over the last five years and drawing attention to the continued needs of our community.
A legislative tour is also being planned for January for state legislators to see firsthand what progress has been made and the continued need in recovery. The Town Council’s Legislative Committee has been made aware of this effort
RECOVERY
Category 4 Tree Removal Program
Program opened to applicants in July of 2022 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. We were recently notified that FEMA expect to complete this review in early 2024.
Town Council has approved a management contract with Butte County Fire Safe Council to manage removal. Contract will be executed upon Phase 2 FEMA Approval. Tree cutting process would commence after full phase 2 approval of submitted tree inventory.
After extensive work with Cal Fire, the Town was recently notified that we have been awarded the CAL FIRE CALIFORNIA CLIMATE INVESTMENTS(CCI) WILDFIRE PREVENTION (WP) GRANT that will cover the entirety of the 25% property owner match requirement. This will mean no cost to property owners for tree removal and a much simpler process of tree removal overall.
Early Warning Sirens
The Early Warning Sirens were fully approved in April 2022 and a contract was awarded in July 2022.
The Town’s contractor has been in Paradise since March 20 and construction is continuing on multiple locations simultaneously.
As of last week, 17 towers were fully functional, with the remaining three nearly complete. 7 All 21 towers will be operational by the end of September.
Residential Ignition Resistant Retrofit Program
This project was opened to residents to apply in May 2023 and closed July 31, 2023. 118 property owners have submitted applications.
Assessments are ongoing.
We anticipate completing all assessments early this fall.
Hazardous Fuels Reduction Program
Undergoing Federal Environmental Review. We were recently notified that FEMA expects to complete this review in early 2024.
All other Town required action items are complete.
Defensible Space Code Enforcement
Undergoing Federal Environmental Review. We were recently notified that FEMA expects to complete this review in early 2024.
All other Town required action items are complete.
FEMA Environmental Review Update
Mayor Bolin and Town Staff met with FEMA and Cal OES at the end of August to discuss the delayed timeline for environmental approval for four Hazard Mitigation Projects:
o Category 4 Tree Removal
o Residential Ignition Resistant Retrofit Program
o Hazardous Fuels Reduction Program
o Defensible Space Code Enforcement
The meeting was productive, with FEMA acknowledging the impacts of the delays and pledging to complete review by the current timeline (early 2024) or sooner. Defensible Space Code Enforcement was determined to be an area that could be completed sooner, with a revised timeline for approval in November 2023. FEMA also will allow certain pre-award activities to begin which will save time once the award takes place in early 2024.
Town staff will continue to work closely with FEMA and Cal OES to ensure these projects move forward as quickly as possible.
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 September’s Top POP event is in coordination with Paradise Boy Scouts who will present first aid training and knot tying information on September 30th. 8 5
th Anniversary of the Camp Fire
o We are already seeing an increase in media inquiries regarding the 5th anniversary. o The Town is well prepared to speak to our experience in recovery so far and lessons learned.
o Events to mark the anniversary are being planned in coordination with our partner organizations and include:
Support for the Phoenix 5k on Sat. Nov. 4th with a pancake breakfast. Daffodil planting on Nov. 5th at Paradise Community Park A musical event and community dinner on Nov. 6th
A guided painting event on Nov. 7th
A community moment of silence and time capsule ceremony on Nov. 8th.
EMERGENCY MANAGEMENT
The Town is working on an agreement with Butte County for a virtual EOC platform to streamline EOC processes.
EOC Training for staff specific to sections and additional EOC wide tabletop exercises are being planned for fall.
Financial Impact:
None.
9 1
TOWN OF PARADISE
Council Agenda Summary
Date: September 12, 2023
Agenda No. 1(g)
ORIGINATED BY: Marc Mattox, Public Works Director / Town Engineer REVIEWED BY: Jim Goodwin, 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
In the last month, Knife River Construction has substantially completed road rehabilitation work along Dean Road, Merrill Road, South Libby Road, Country Club Drive and portions of Pearson Road, Sawmill Road, Elliott Road, Bille Road, and Wagstaff Road. This contract work is expected to return to Council for a filing of Notice of Completion in the fall, pending final accounting and payments.
In August, Town Council awarded a contract to Hat Creek Construction for road rehabilitation work in areas such as lower Honey Run Road, Circlewood Drive, Glen Drive, Stearns Road, DeMille Road, Malibu Drive, Nunneley Road, Kibler Road and others. This two-phased project is expected to commence in September with a winter suspension planned for remaining work to be completed in spring 2024.
An updated paving map has been published for public review. This map forecasts the proper sequencing of road rehabilitation after work planned by PG&E, Comcast, AT&T and Paradise Irrigation District is completed. A link to the map can be found here:
https://www.google.com/maps/d/edit?mid=1w-PjuvtL5rmmOj_EM-4IFaj7sVYVRs&usp=sharing Paradise Sewer Project
Efforts for Past Month
Funding & Rate Analysis Report approved by Town Council in August 8. Developed a cost-loaded project schedule showing projected monthly cash flow. Held a risk workshop to initiate a project risk register and risk management process. Hawkins Delafield & Wood LLC were selected and contracted as a legal advisor for the development of the PDB contract.
Held project update meetings with PDB teams interested in the project. 10 2
Met with PG&E construction staff working on electrical undergrounding in Paradise, to begin coordination between the two projects.
Developed a Right of Way process flowchart and initial ROW Cost Estimate. Finalized NEPA permitting schedule.
Delivered NEPA Environmental Assessment package to HCD. Performed geophysical investigations along Skyway to support environmental permitting.
Efforts for next month:
Develop a Program Charter through a facilitated chartering workshop Perform market sounding with interested PDB teams
Develop draft PDB contract and terms sheet
11
Town of Paradise
Council Agenda Summary
Date: September 12, 2023
Agenda Item: 1(g)
ORIGINATED BY: Tony Lindsey, Community Development
Director, Building & Code Enforcement
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Camp Fire Recovery Updates – Code Enforcement
LONG-TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Code Enforcement Update
Background:
The Code Enforcement Division is committed to fostering a safe and appealing living and working environment. Our mission is to uphold and enhance our community's overall quality through the fair and impartial implementation of an enforcement program to rectify violations of municipal codes and land use regulations. In collaboration with residents, neighborhood associations, public service agencies, and other Town departments, we strive to:
Promote voluntary compliance with Town codes.
Identify and address violations promptly and fairly.
Foster collaboration efforts to address community concerns. Actively engage with the community in navigating the code enforcement process.
Analysis:
The present data is combined with the reported data from the previous month. The number in parentheses highlighted in (RED) represents the last month's reported data.
Up until August 30, 2023, a total of 206 (204) Temporary Use Permits (TUPs) have been issued under the Urgency Ordinance (Exhibit A).
59 (55) – Parcels with RV Storage only
147 (149) – Parcels permitted to occupy an RV
14 (14) – Accessory structures (Sheds, Shops, Non-habitable) Update: Two new home building permits have been issued, and eight storage applications await issuance.
RV Code Enforcement activity occurred during the reporting period from July 27 to August 30, 2023. (Exhibit B & C):
12
Occupied sites without TUPs – 35 (43)
Occupied sites with TUP Violations – 3 (3)
Compliance gained/RV cases closed – 8 (18)
o Violations resolved (Storage permits issued, RVs removed) In August, the Community Enhancement Outreach Team, comprising Fire Prevention, Police, Housing, Disaster Case Managers (DCMs), and Code Enforcement staff, visited 34 (35) RV sites. During these visits, the team engaged with 14 (14) community members. o 7 – Tenants did not own the property
o 7 – Owner-occupied
o 12 – Supplied contact information to DCM staff (North Valley Catholic Social Services have office hours at the BRC on Thursday afternoons) Other Code Enforcement Items:
Abandoned Vehicle Authority cases – 8 (2)
o Abatements
Three vehicles were towed, one RV and two cars.
Five self-abated vehicles, one RV, and four cars.
Civil Abatement Cases escalated to the Town Attorney for further action. – 66 (66) o 40 (37) RV cases have been resolved, and 12 (15) remain eligible for action. o 14 Weed Abatement cases – 10 (4) resolved and four remain eligible for action. Complaints have been received regarding various issues, including waste and refuse, zoning (signs) violations, construction without a permit, fire hazards, vehicle-related concerns, vending violations, lack of garbage service, grading problems, and unpermitted laydown yards.
Commercial Signs – 97 NOV/Grant Applications were dispatched for which 3 grant applications have been received. 10 have achieved compliance, while the remaining 84 are slated to receive Citations/Grant Applications in the initial week of September.
Fire Prevention is essential to the community and our ongoing economic development, grounded in three key objectives: Education, Engineering, and Enforcement. Our defensible space and hazardous fuel management ordinance mandates property owners to maintain fire-safe conditions on their parcels regardless of residency. The dedicated Fire Prevention staff conducts weed abatement inspections on 11,100 parcels within our community, ensuring compliance and mitigating fire risks.
Escrow defensible space inspections during August:
Clearance requests received – 114 (104)
Certificates issued – 105 (77)
Land Surveyor's Certifications on file – 29 (18)
First inspection compliance rate – 80% (76%)
The interactive Weed Abatement Map of the Town-wide Defensible Space Program is being updated to incorporate recently collected data. As of August 31, 2023, inspections for all parcels have been completed.
Compliant – 7,653 (6,851) – 69% (62%) of all parcels comply. Non-compliant – 3,224 (4,125) notices have been sent (not including active code enforcement cases)
Code Enforcement Referrals for citation – 243 (133) Active Code Cases o 14 (10) – Commercial parcels, 220 (124) – Residential parcels 13 TUPs under ORD 612 5/31/22
RV TUP STORAGE ONLY RV TUP OCCUPIED 7/27/2022
12/21/2022 14
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
15 16
Town of Paradise
Council Agenda Summary
Date: September 12, 2023
Agenda Item: 1(g)
ORIGINATED BY: Sarah Richter, Housing Program Technician REVIEWED BY: James Goodwin, Town Manager
SUBJECT: Housing Recovery Update
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. None
Background:
This report provides Town Council with an update on Housing activities. A summary of the programs, with overall interest and change from the last month, follows.
Analysis:
We have 32.11% of our pre-disaster housing stock to-date (1,377 surviving units + 2,482 new CofOs to-date [+18 from last month] = 3,859 habitable dwellings / 12,015 housing units before the Camp Fire).
An additional 813 (+10) 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 42 (+1) homes rebuilt, 15 (-1) under construction, 15 (-5) in the application process.
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 24 (+4) homes purchased and 6 (-9) applications in process.
Town of Paradise Septic Grant Program ($570,000)
Grants 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 (+1) jobs completed, 2 (-0) under construction, 16 (-7) applications pending.
CDBG-DR Multifamily Rental Housing Program ($55 million) Goal is to create affordable rental housing
7 projects awarded for 290 units; 1 project (4 units) going into service this summer, 2 projects (55 units) to be completed by fall 2024; 1 project (70 units) received tax credits to go under construction in January 2024, and 3 projects (161 units) are dependent on tax credit allocations for full funding.
HOME Infill New Construction ($700,000)
Create affordable housing for first-time homebuyers.
Grant awarded, waiting for Standard Agreement from HCD. 17 PLHA/SB2 Infill New Construction ($399,166)
Housing-related projects and programs that assist in addressing the unmet needs. 2019-2021 funds awarded, Standard Agreement executed, working with North Valley Housing Trust to administer funds to multifamily project(s).
CDBG (2022 Annual Allocation=$107,537; unspent funds=$29,782.63) Continuing to fund public services and lot acquisition for affordable homeownership CV funds ($208,244 not included above) to assist households living in RVs with emergency rental assistance.
Financial Impact:
None.
18 MINUTES
PARADISE TOWN COUNCIL
SPECIAL MEETING – 5:00 PM – August 8, 2023
1. OPENING
The Special meeting of the Paradise Town Council was called to order by Mayor Bolin at 5:00 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 Jim Goodwin, Town Clerk/Elections Official Dina Volenski, Town Attorney Scott E. Huber, Public Works Director/Town Engineer Marc Mattox and Information Systems Director Luis Marquez.
At 5:01 p.m. Mayor Bolin announced that the Town Council would adjourn to Closed Session for the following item:
2. CLOSED SESSION
2a. Pursuant to Government Code section 54956.9(d)(4), the Town Council will meet with the Interim Town Manager and Town Attorney to consider initiation of litigation - four (4) potential cases.
After reconvening from Closed Session at 5:49 p.m. Mayor Bolin announced that no reportable action was taken, direction was given.
3. ADJOURNMENT
Mayor Bolin adjourned the Council meeting at 5:50 p.m.
Date approved:
By: Attest:
_______________________ _________________________
Greg Bolin, Mayor Dina Volenski, CMC, Town Clerk
19 TOWN COUNCIL
Meeting Minutes
6:00 PM – August 08, 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 Jim Goodwin, Town Attorney Scott E. Huber, Town Clerk/Elections Official Dina Volenski, Community Development Director Tony Lindsey, Public Works Director/Town Engineer Marc Mattox, Finance Director/Town Treasurer Aimee Beleu, Recovery and Economic Development Director Colette Curtis, Business and Housing Manager Kate Anderson, Information Systems Director Luis Marquez, Police Lieutenant Anthony Borgman, and Fire Chief Patrick Purvis. 1a. Mayor Bolin presented a special recognition to Conor Haggerty for achieving the rank of Eagle Scout.
1b. The Paradise Ridge Chamber of Commerce presented the Ridge Identity and Branding Campaign.
1c. Bob Leland from Baker Tiller (formerly Management Partners) presented the Fiscal Sustainability Model.
1d. Camp Fire Recovery Updates - Written reports are included in the agenda packet. (110-10-061)
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
Kate Anderson, Business and Housing Manager - Business and Housing Update
20 2. CONSENT CALENDAR
MOTION by Tryon, seconded by Crowder, approved consent calendar items 2a and 2b. Roll call vote was unanimous.
2a. Approved minutes of the June 28th, 2023 Special, and the July 11, 2023 Special and Regular Town Council meetings.
2b. Approved July 2023 Cash Disbursements in the amount of $4,988,727.97. (310-10-034)
3. ITEMS REMOVED FROM CONSENT CALENDAR - None
4. PUBLIC COMMUNICATION
1. Ward Habriel complimented Town staff and Council Members for their recent contributions and encouraged the staff to support various amenities to return to the Ridge.
5. PUBLIC HEARINGS - None
6. COUNCIL CONSIDERATION
Mayor Bolin recused himself from the dais at 7:33 p.m. due to a potential conflict of interest.
6a. Public Works Director/Town Engineer Marc Mattox provided an overview of the initial Paradise Sewer Project Rate Study and its findings.
1. Ward Habriel spoke in opposition of this item.
MOTION by Culleton, seconded by Lassonde, 1. Reviewed and approved the initial Paradise Sewer Project Rate Study for the purposes of completing the Town’s Financial Assistance Application to The State Water Resources Control Board; and, 2. Conceptually approved plans to dedicate necessary Operations & Maintenance Financing Assistance ($6,460,000) to ensure ongoing sustainability of the Paradise Sewer Project contingent upon securing full project capital funding. Roll call vote was unanimous with Mayor Bolin absent and not voting. (960-70-004)
6b. Public Works Director/Town Engineer Marc Mattox provided an overview of staff’s recommendation for Hawkins Delafield & Wood LLP to perform legal services for the Paradise Sewer Project.
MOTION by Lassonde, seconded by Culleton 1. Concurred with staff’s recommendation of Hawkins Delafield & Wood LLP to perform legal services for the Paradise Sewer Project; and, 2. Approved the Agreement for Professional Services for contract 2023-004 with Hawkins Delafield & Wood LLP; and, 3. Adopted Resolution 2023-36 “A Resolution of the Town Council of the Town of Paradise Designating Authority to the Paradise Town Manager to Execute the Agreement for Professional Services for Legal Services for the Paradise Sewer Project." Roll call vote was unanimous with Mayor Bolin absent and not voting. (960-70-004, 510-20-393) Mayor Bolin returned to the dais at 8:18 p.m.
21 6c. Public Works Director/Town Engineer Marc Mattox provided an update on the status of road rehabilitation plans in Paradise. (110-60-061)
1. Ward Habriel praised Knife River Construction for their good work.
2. Mickey Rich of Paradise Irrigation District shared the PID Board’s decision to construct all the laterals at once rather than waiting for rebuilds and implementing them unilaterally.
Council Member Culleton recused himself from the dais at 8:48 p.m. due to a potential conflict of interest.
6d. Public Works Director/Town Engineer Marc Mattox provided an overview of the proposed master agreements with Jacobs Engineering Group Inc. and Dokken Engineering, Inc. to perform professional civil engineering services on a variety of federally, state and locally funded efforts.
MOTION by Tryon, seconded by Crowder 1. Concurred with staff’s recommendation of Jacobs Engineering Group Inc. and Dokken Engineering, Inc., to perform professional civil engineering services on a variety of federally, state and locally funded efforts, contingent upon Caltrans Office of Audits and Investigation acceptance of financial document submittals; and, 2. Approved the Master Agreement for Professional Services for RFQ 2023-002 with Jacobs Engineering Group Inc. and RFQ 2023-003 with Dokken Engineering, Inc.; and, 3. Adopted Resolution 2023-37 “A Resolution of the Town Council of the Town of Paradise, Designating Authority to the Paradise Town Manager To Execute The Agreement for Professional Services and Individual Task Orders Under the Resultant Master Agreement for RFQ 2023-002 On-Call Professional Civil Engineering Services up to the Maximum Contract Aggregate Amount of Twelve Million Five Hundred Thousand Dollars ($12.5M) to Expedite and Facilitate Camp Fire Recovery Efforts”; and, 4. Adopted Resolution 2023- 38 “A Resolution of the Town Council of the Town of Paradise, Designating Authority to the Paradise Town Manager To Execute The Agreement for Professional Services and Individual Task Orders Under the Resultant Master Agreement for RFQ 2023-003 On-Call Professional Civil Engineering Services – Pentz Road Corridor up to the Maximum Contract Aggregate Amount of Ten Million Five Hundred Thousand Dollars ($10.5M) to Expedite and Facilitate Camp Fire Recovery Efforts.” Roll call vote was unanimous with Council Member Culleton absent and not voting. (510-20-394, 510-20-395)
Council Member Culleton returned to the dais at 8:52 p.m. 6e. Finance Director/Town Treasurer Aimee Beleu provided an overview of the Reported Unexpended Development Impact Fees.
MOTION by Bolin, seconded by Lassonde, Adopted Resolution No. 2023-39, “A Resolution of the Town Council of the Town of Paradise, California, Reporting Unexpended Development Impact Fees in Accordance with Government Code Section 66006.” Roll call vote was unanimous. (740-10-013)
22 7. COUNCIL INITIATED ITEMS AND REPORTS
7a. Council initiated agenda items
7a1. Council designated Vice Mayor Tryon as the voting delegate and Council Member Culleton as the alternate to the 2023 League of California Cities General Assembly Conference to be held September 20-22, 2023 in Sacramento. All Council concurred. (150-50-065)
7b. Council reports on committee representation
Council Member Culleton attended the swearing-in of the new Town of Paradise dispatcher; the Solid Waste Committee meeting; as well as several ribbon cuttings around Town.
Vice Mayor Tryon participated in a call with the Department of Insurance; attended the Solid Waste Committee meeting; Adventist Health Community Meeting; and the monthly BCAG meeting.
Council Member Lassonde attended two additional weeks of Party in the Park; the Fire Victims Trust meeting with Cathy Yanni; and the Adventist Health Community Meeting.
Council Member Crowder attended a Camp Fire Collaborative (CFC) meeting with Recovery and Economic Development Director Colette Curits, and the Town’s state and federal lobbyists and shared that CFC is beginning to plan a “Lobbyist Day” in November; attended two additional weeks at Party in the Park; the dispatcher swear-in; and a media event for the new Dispatch Center.
Mayor Bolin attended the Adventist Health Community meeting; the monthly LAFCo meeting; a media event for the new Dispatch Center; a Habitat for Humanity unveiling for a local family; and participated in an interview on the Early Warning Sirens. 7c. Future Agenda Items - None
8. STAFF COMMUNICATION
8a. Town Manager Jim Goodwin complimented the Town’s management team.
9. CLOSED SESSION - None
10. ADJOURNMENT
Mayor Bolin adjourned the meeting at 9:12 p.m.
Date approved:
By: Attest:
________________________ _________________________
Greg Bolin, Mayor Dina Volenski, CMC, Town Clerk
23 MINUTES
PARADISE TOWN COUNCIL
SPECIAL MEETING – 10:00 AM – August 17, 2023
1. OPENING
The Special meeting of the Paradise Town Council was called to order by Mayor Bolin at 10:00 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 Jim Goodwin, Town Clerk/Elections Official Dina Volenski, Town Attorney Scott E. Huber, Public Works Director/Town Engineer Marc Mattox, Finance Director/Town Treasurer Aimee Beleu, Recovery and Economic Development Director Colette Curtis, Fire Chief Rick Manson, Fire Chief Patrick Purvis, Administrative Assistant Jacquelyn Blancett, and Deputy Town Clerk Melanie Elvis.
2. COUNCIL CONSIDERATION
2a. Public Works Director/Town Engineer Marc Mattox presented the proposed Resolution 2023-40 to award the Off-System Roadway Rehabilitation Project– 2023 to Hat Creek Construction and Materials, Inc.
Motion by Tryon, seconded by Lassonde, adopted Resolution No. 2023- 40, “A Resolution of the Town Council of the Town Of Paradise Awarding Contract No. 8407.1.CON, Off-System Roadway Rehabilitation – 2023 to Hat Creek Construction And Materials, Inc. in the Amount of Their Base Bid Plus Additive Bid #1 and Designating Authority to the Town Manager to Execute an Agreement with Hat Creek Construction and Materials, Inc. and to Approve Contingency Expenditures Not Exceeding 10%.” Roll call vote was unanimous. (510-20-398, 950-40-061)
2b. Public Works Director/Town Engineer Marc Mattox and Cal Fire Battalion Chief Rick Manson presented the proposed purchase of a Type 3 Pierce International BX3 Fire Engine recommending that the engine be purchased using funds anticipated from Measure V revenues and to be apportioned over the next two fiscal years.
Motion by Crowder, seconded by Culleton, authorized the Town Manager to execute the necessary documents to order and purchase a Type 3 Pierce International BX3 Fire Engine before September 1, 2023. Roll call vote was unanimous. (510-20-399, 440-30-004)
24 2c. Recovery and Economic Development Director Colette Curtis presented the two proposed letters of support to the County of Maui Mayor and Councilmembers, and asked for direction on how staff may support the County of Maui’s recovery efforts.
1. Jamie Johnston spoke in favor of this item.
Motion by Tryon, seconded by Crowder, approved signing a letter of support to the County of Maui Mayor and Councilmembers with the addition of each Paradise Town Council Members personal phone numbers be listed under their names and, 2. Provided direction to staff to support emergency and recovery efforts to the County of Maui by responding to and proactively reaching out to emergency operations personnel and County staff; and, 3.
Council concurred that the Town would support vetted organizations accepting donations and that no donations would be accepted or distributed by the Town itself. Roll call vote was unanimous. (180-30-101)
3. ADJOURNMENT
Mayor Bolin adjourned the Council meeting at 10:45 a.m.
Date approved:
By: Attest:
_______________________ _________________________
Greg Bolin, Mayor Dina Volenski, CMC, Town Clerk
25 TOWN OF PARADISE
CASH DISBURSEMENTS REPORT
FOR THE PERIOD OF
August 1, 2023 - August 31, 2023
26 CASH DISBURSEMENTS REPORT
August 1, 2023 - August 31, 2023
Check Date Pay Period End Description Amount Total
8/4/2023 7/30/2023 Net Payroll - Direct Deposits and Checks $ 219,390.58 8/18/2023 8/13/2023 Net Payroll - Direct Deposits and Checks 228,191.19 $ 447,581.77
Accounts Payable
Payroll Vendors: Taxes, PERS, Dues, Insurance, Etc. 417,080.29 Operations Vendors: Supplies, Contracts, Utilities, Etc. $5,095,301.80 TOTAL CASH DISBURSEMENTS ACCOUNTS PAYABLE 5,512,382.09
GRAND TOTAL CASH DISBURSEMENTS $ 5,959,963.86
APPROVED BY:
Aimee Beleu - Finance Director/Town Treasurer
APPROVED BY:
Jim Goodwin - Town Manager
27 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
AP - US Bank TOP AP Checking
Check
84023 08/02/2023 Open Accounts Payable DOBRICH & SONS SEPTIC $27,935.00 84024 08/03/2023 Open Accounts Payable ICMA 457 - MissionSquare $2,587.08 84025 08/03/2023 Open Accounts Payable STATE DISBURSEMENT UNIT $634.26 84026 08/07/2023 Open Accounts Payable Aflac $57.98
84027 08/07/2023 Open Accounts Payable Met Life $12,089.93 84028 08/07/2023 Open Accounts Payable OPERATING ENGINEERS $1,071.00 84029 08/07/2023 Open Accounts Payable PARADISE POLICE OFFICERS
ASSOCIATION
$1,947.31
84030 08/07/2023 Open Accounts Payable SUN LIFE INSURANCE $7,224.41 84031 08/07/2023 Open Accounts Payable SUPERIOR VISION SVC INC $873.95 84032 08/07/2023 Open Accounts Payable TOP CONFIDENTIAL MID MGMT
ASSOCIATION
$90.00
84033 08/07/2023 Open Accounts Payable Union Pacific Railroad Company $3,500.00 84034 08/10/2023 Open Accounts Payable Adams Ashby Group, Inc. $3,965.00 84035 08/10/2023 Open Accounts Payable ADVANCED DOCUMENT
CONCEPTS
$373.38
84036 08/10/2023 Open Accounts Payable Alekseev, Nadia $684.45 84037 08/10/2023 Open Accounts Payable ALLIANT INSURANCE $399.00 84038 08/10/2023 Open Accounts Payable American Dream Construction, Inc $25,590.00 84039 08/10/2023 Open Accounts Payable AT&T MOBILITY $192.60 84040 08/10/2023 Open Accounts Payable Bear Electrical Systems, Inc $4,491.76 84041 08/10/2023 Open Accounts Payable Big O Tires $120.00 84042 08/10/2023 Open Accounts Payable BOYS AND GIRLS CLUB $1,052.82 84043 08/10/2023 Open Accounts Payable Broad & Gusman $4,000.00 84044 08/10/2023 Open Accounts Payable BUTTE CO AUDITOR-CONTROLLER $43,145.23 84045 08/10/2023 Open Accounts Payable BUTTE COUNTY DEPARTMENT OF
DEVELOPMENT SERVS
$848.51
84046 08/10/2023 Open Accounts Payable Calif Dept of Tax and Fee Administration
$97.58
84047 08/10/2023 Open Accounts Payable CITY OF CHICO $8,797.42 84048 08/10/2023 Open Accounts Payable COMCAST CABLE $406.40 84049 08/10/2023 Open Accounts Payable Constant Associates $9,810.00 84050 08/10/2023 Open Accounts Payable Corning Ford Inc. $46,346.24 84051 08/10/2023 Open Accounts Payable CPOW $360.00
84052 08/10/2023 Open Accounts Payable Creative Composition Inc $5,493.74 84053 08/10/2023 Open Accounts Payable Deja Vu Gardens Galore Nursery $1,810.20 84054 08/10/2023 Open Accounts Payable Dirt to Doorknobs $1,908.00 84055 08/10/2023 Open Accounts Payable Dirt to Doorknobs $46,604.77 84056 08/10/2023 Open Accounts Payable DOBRICH & SONS SEPTIC $815.85 84057 08/10/2023 Open Accounts Payable Dobrich Septic Service, Inc. $885.00 84058 08/10/2023 Open Accounts Payable Dokken Engineering, Inc. $6,260.62 84059 08/10/2023 Open Accounts Payable DURHAM PENTZ TRUCK CENTER $1,496.05 84060 08/10/2023 Open Accounts Payable Eastern Sequoia, LLC $276.00 84061 08/10/2023 Open Accounts Payable Employment Development Dept $2,250.00 84062 08/10/2023 Open Accounts Payable ENLOE MEDICAL CENTER, INC. $757.00 84063 08/10/2023 Open Accounts Payable Entersect $109.95 84064 08/10/2023 Open Accounts Payable EVERGREEN JANITORIAL SUPPLY, INC.
$171.67
user: Aimee Beleu Pages: 1 of 6 Wednesday, August 30, 2023 Payment Register
TOWN OF PARADISE
From Payment Date: 8/1/2023 - To Payment Date: 8/31/2023 28 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
84065 08/10/2023 Open Accounts Payable GREAT AMERICA LEASING CORP. $145.47 84066 08/10/2023 Open Accounts Payable Gregory Cundiff $350.00 84067 08/10/2023 Open Accounts Payable HDR Engineering, Inc $139,702.41 84068 08/10/2023 Open Accounts Payable Helgerson, Rick $104.22 84069 08/10/2023 Open Accounts Payable HLP, INC / CHAMELEON
SOFTWARE PRODUCTS
$20.30
84070 08/10/2023 Open Accounts Payable Hope Crisis Response Network, Inc $6,400.00 84071 08/10/2023 Open Accounts Payable Hope Crisis Response Network, Inc $20,000.00 84072 08/10/2023 Open Accounts Payable HYDROTEC SOLUTIONS $240.81 84073 08/10/2023 Open Accounts Payable I.M.P.A.C. PAYMENTS IMPAC GOV
SVCS/US BANCORP
$15,858.24
84074 08/10/2023 Open Accounts Payable INDUSTRIAL POWER PRODUCTS $1,188.15 84075 08/10/2023 Open Accounts Payable J.J.R. Enterprises Inc $1,004.41 84076 08/10/2023 Open Accounts Payable JOURNYX, INC. $10,260.00 84077 08/10/2023 Open Accounts Payable KNIFE RIVER CONSTRUCTION $1,090,531.57 84078 08/10/2023 Open Accounts Payable L.D. Strobel Co., Inc. $45,164.00 84079 08/10/2023 Open Accounts Payable LEHR AUTO ELECTRIC STOMMEL, INC.
$22,765.70
84080 08/10/2023 Open Accounts Payable LES SCHWAB TIRE CENTER - CDD/PW
$20.00
84081 08/10/2023 Open Accounts Payable LIFE ASSIST INC $1,093.48 84082 08/10/2023 Open Accounts Payable Look Ahead Veterinary Services $1,022.58 84083 08/10/2023 Open Accounts Payable LRT GRAPHICS $660.38 84084 08/10/2023 Open Accounts Payable Magneson, Michael $220.72 84085 08/10/2023 Open Accounts Payable Mark Thomas & Company Inc $24,216.97 84086 08/10/2023 Open Accounts Payable Mark Thomas & Company Inc $51,800.91 84087 08/10/2023 Open Accounts Payable Mark Thomas & Company Inc $52,209.79 84088 08/10/2023 Open Accounts Payable Mennonite Disaster Service $12,865.28 84089 08/10/2023 Open Accounts Payable Merck Animal Health/Intervet Inc. $807.32 84090 08/10/2023 Open Accounts Payable Meyers Police K-9 Training, LLC $1,400.00 84091 08/10/2023 Open Accounts Payable MID VALLEY TITLE & ESCROW $100,000.00 84092 08/10/2023 Open Accounts Payable MID VALLEY TITLE & ESCROW $508.00 84093 08/10/2023 Open Accounts Payable Midwest Veterinary Supply, Inc $349.33 84094 08/10/2023 Open Accounts Payable MORGAN TREE SERVICE $375.00 84095 08/10/2023 Open Accounts Payable NORTHERN RECYCLING & WASTE SERVICES, INC.
$526.49
84096 08/10/2023 Open Accounts Payable NORTHGATE PETROLEUM CO $8,883.85 84097 08/10/2023 Open Accounts Payable NORTHSTAR $172.50 84098 08/10/2023 Open Accounts Payable NORTHSTATE AGGREGATE, INC. $641.12 84099 08/10/2023 Open Accounts Payable NV5, Inc. $496.08 84100 08/10/2023 Open Accounts Payable NV5, Inc. $248.04 84101 08/10/2023 Open Accounts Payable O'REILLY AUTO PARTS $42.11 84102 08/10/2023 Open Accounts Payable OFFICE DEPOT ACCT#36233169 $1,205.11 84103 08/10/2023 Open Accounts Payable PACIFIC GAS & ELECTRIC $839.05 84104 08/10/2023 Open Accounts Payable PageFeezer Software Inc $6,428.00 84105 08/10/2023 Open Accounts Payable PARADISE IRRIGATION DIST $3,231.10 84106 08/10/2023 Open Accounts Payable PARADISE POST $717.25 84107 08/10/2023 Open Accounts Payable PARADISE SANITATION COMPANY $730.00 84108 08/10/2023 Open Accounts Payable Peters, Habib, McKenna, JuhlRhodes & Cardoza, LLP$1,563.50 user: Aimee Beleu Pages: 2 of 6 Wednesday, August 30, 2023 Payment Register
TOWN OF PARADISE
From Payment Date: 8/1/2023 - To Payment Date: 8/31/2023 29 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
84109 08/10/2023 Open Accounts Payable Proframe Construction, Inc. $1,200.00 84110 08/10/2023 Open Accounts Payable Psomas $21,556.41 84111 08/10/2023 Open Accounts Payable Psomas $1,153.26 84112 08/10/2023 Open Accounts Payable R B SPENCER INC $960.00 84113 08/10/2023 Open Accounts Payable RE CONSTRUCTION $1,690.00 84114 08/10/2023 Open Accounts Payable Richardson & Company, LLP $19,280.00 84115 08/10/2023 Open Accounts Payable Riebes Auto Parts- Motorpool $1,025.76 84116 08/10/2023 Open Accounts Payable Sarah Catherine Jones $139.98 84117 08/10/2023 Open Accounts Payable SBA Monarch Towers III LLC $173.16 84118 08/10/2023 Open Accounts Payable Shoemaker, Khrystie $284.38 84119 08/10/2023 Open Accounts Payable Spherion Staffing $5,412.62 84120 08/10/2023 Open Accounts Payable Stratti $10,240.94 84121 08/10/2023 Open Accounts Payable T MOBILE USA, INC. $1,577.55 84122 08/10/2023 Open Accounts Payable Tahoe Pure Water Co. $67.50 84123 08/10/2023 Open Accounts Payable Tetra Tech - EMI $6,473.75 84124 08/10/2023 Open Accounts Payable The Estate of Lori Moreno $103.39 84125 08/10/2023 Open Accounts Payable The Ferguson Group $5,000.00 84126 08/10/2023 Open Accounts Payable THOMAS ACE HARDWARE - ENG.
DEPT.
$303.06
84127 08/10/2023 Open Accounts Payable THOMAS ACE HARDWARE - FIRE DEPT.
$28.36
84128 08/10/2023 Open Accounts Payable THOMAS ACE HARDWARE -
MOTORPOOL
$48.48
84129 08/10/2023 Open Accounts Payable THOMAS ACE HARDWARE - POLICE DEPT.
$29.99
84130 08/10/2023 Open Accounts Payable Wayne A. Murphy General Contractor $14,500.00 84131 08/10/2023 Open Accounts Payable Wayne A. Murphy General Contractor $1,150.00 84132 08/10/2023 Open Accounts Payable Westlake Ace Hardware $97.39 84133 08/10/2023 Open Accounts Payable White Glove Cleaning Svc Inc, Theresa Contreras
$5,610.00
84134 08/10/2023 Open Accounts Payable WILGUS FIRE CONTROL INC $657.39 84135 08/10/2023 Open Accounts Payable Williams Scotsman, Inc. (Mobile Mini) $475.93 84136 08/10/2023 Open Accounts Payable WITTMEIER AUTO CENTER $108.36 84137 08/21/2023 Open Accounts Payable ICMA 457 - MissionSquare $2,397.36 84138 08/21/2023 Open Accounts Payable STATE DISBURSEMENT UNIT $634.26 84139 08/24/2023 Open Accounts Payable 4LEAF, Inc $6,391.00 84140 08/24/2023 Open Accounts Payable ACCELA, INC. $3,857.54 84141 08/24/2023 Open Accounts Payable ACCESS INFORMATION
PROTECTED
$161.75
84142 08/24/2023 Open Accounts Payable Adobe, Inc. $5,424.02 84143 08/24/2023 Open Accounts Payable AIRGAS SAFETY, INC. $139.77 84144 08/24/2023 Open Accounts Payable American Dream Construction, Inc $51,180.00 84145 08/24/2023 Open Accounts Payable Asbury Environmental Services $100.00 84146 08/24/2023 Open Accounts Payable AT&T & CALNET3 - CIRCUIT LINES $760.72 84147 08/24/2023 Open Accounts Payable AT&T MOBILITY $85.60 84148 08/24/2023 Open Accounts Payable AT&T MOBILITY $192.60 84149 08/24/2023 Open Accounts Payable Azco Supply Inc $242.44 84150 08/24/2023 Open Accounts Payable Bear Electrical Systems, Inc $1,520.00 84151 08/24/2023 Open Accounts Payable Blue Flamingo Marketing Advocates $3,773.75 84152 08/24/2023 Open Accounts Payable Brush Masters $3,094.50 user: Aimee Beleu Pages: 3 of 6 Wednesday, August 30, 2023 Payment Register
TOWN OF PARADISE
From Payment Date: 8/1/2023 - To Payment Date: 8/31/2023 30 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
84153 08/24/2023 Open Accounts Payable BUTTE CO AIR QUALITY
MANAGEMENT DISTRICT
$1,133.84
84154 08/24/2023 Open Accounts Payable Butte Co Public Health $26,558.72 84155 08/24/2023 Open Accounts Payable BUTTE CO RECORDER $530.00 84156 08/24/2023 Open Accounts Payable Butte County Public Health Dept - Health Clinic
$975.00
84157 08/24/2023 Open Accounts Payable CALIFORNIA STATE DEPARTMENT
OF JUSTICE
$1,159.00
84158 08/24/2023 Open Accounts Payable CivicPlus, LLC $458.33 84159 08/24/2023 Open Accounts Payable COMCAST CABLE $401.40 84160 08/24/2023 Open Accounts Payable COMCAST CABLE $148.40 84161 08/24/2023 Open Accounts Payable COMCAST CABLE $421.40 84162 08/24/2023 Open Accounts Payable COMCAST CABLE $406.40 84163 08/24/2023 Open Accounts Payable Contech Engineered Solutions $713.21 84164 08/24/2023 Open Accounts Payable Cordico Psychological Corporation $500.00 84165 08/24/2023 Open Accounts Payable CPOW $360.00
84166 08/24/2023 Open Accounts Payable Dirt to Doorknobs $31,400.00 84167 08/24/2023 Open Accounts Payable DOBRICH & SONS SEPTIC $702.50 84168 08/24/2023 Open Accounts Payable Downtown Ford Sales $44,226.80 84169 08/24/2023 Open Accounts Payable Eagle Security Systems $668.04 84170 08/24/2023 Open Accounts Payable Eastern Sequoia, LLC $900.00 84171 08/24/2023 Open Accounts Payable Entersect $109.95 84172 08/24/2023 Open Accounts Payable EVERGREEN JANITORIAL SUPPLY, INC.
$77.82
84173 08/24/2023 Open Accounts Payable FEATHER RIVER CONSTRUCTION $500.00 84174 08/24/2023 Open Accounts Payable FOOTHILL MILL & LUMBER $111.94 84175 08/24/2023 Open Accounts Payable GovInvest Inc. $20,250.00 84176 08/24/2023 Open Accounts Payable GREAT AMERICA LEASING CORP. $156.25 84177 08/24/2023 Open Accounts Payable Hemsley, Richard David $425.00 84178 08/24/2023 Open Accounts Payable Hope Crisis Response Network, Inc $22,400.00 84179 08/24/2023 Open Accounts Payable Hope Crisis Response Network, Inc $23,258.00 84180 08/24/2023 Open Accounts Payable Hope Crisis Response Network, Inc $8,888.00 84181 08/24/2023 Open Accounts Payable Hope Crisis Response Network, Inc $20,950.00 84182 08/24/2023 Open Accounts Payable Hope Crisis Response Network, Inc $17,230.00 84183 08/24/2023 Open Accounts Payable I.M.P.A.C. PAYMENTS IMPAC GOV
SVCS/US BANCORP
$11,471.00
84184 08/24/2023 Open Accounts Payable INTERSTATE SALES $726.87 84185 08/24/2023 Open Accounts Payable Jason Marr - CHIP Housing $197.27 84186 08/24/2023 Open Accounts Payable Jennifer Arbuckle $4,625.00 84187 08/24/2023 Open Accounts Payable JOHNNY'S LOCK & SAFE $8.00 84188 08/24/2023 Open Accounts Payable Kevin Sharrah Designs $1,230.95 84189 08/24/2023 Open Accounts Payable KNIFE RIVER CONSTRUCTION $2,575,356.47 84190 08/24/2023 Open Accounts Payable KOEFRAN INDUSTRIES $1,200.00 84191 08/24/2023 Open Accounts Payable Kovacs, Cameron $258.75 84192 08/24/2023 Open Accounts Payable L.N. CURTIS & SONS $18,744.72 84193 08/24/2023 Open Accounts Payable LES SCHWAB TIRE CENTER -
MOTORPOOL
$20.00
84194 08/24/2023 Open Accounts Payable Look Ahead Veterinary Services $553.08 84195 08/24/2023 Open Accounts Payable MID VALLEY TITLE & ESCROW $531.00 84196 08/24/2023 Open Accounts Payable MUNIMETRIX SYSTEMS CORP $39.99 user: Aimee Beleu Pages: 4 of 6 Wednesday, August 30, 2023 Payment Register
TOWN OF PARADISE
From Payment Date: 8/1/2023 - To Payment Date: 8/31/2023 31 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
84197 08/24/2023 Open Accounts Payable NICOLETTI, CHRISTOPHER $1,350.46 84198 08/24/2023 Open Accounts Payable North State Tire Co. Inc. $1,488.26 84199 08/24/2023 Open Accounts Payable NV5, Inc. $43,531.35 84200 08/24/2023 Open Accounts Payable NV5, Inc. $1,018.36 84201 08/24/2023 Open Accounts Payable NV5, Inc. $3,037.13 84202 08/24/2023 Open Accounts Payable NV5, Inc. $2,507.06 84203 08/24/2023 Open Accounts Payable O'REILLY AUTO PARTS $386.02 84204 08/24/2023 Open Accounts Payable OFFICE DEPOT ACCT#36233169 $490.49 84205 08/24/2023 Open Accounts Payable OROVILLE FORD $48,955.94 84206 08/24/2023 Open Accounts Payable Oroville Tow & Salvage $1,050.00 84207 08/24/2023 Open Accounts Payable PACIFIC GAS & ELECTRIC $21,724.78 84208 08/24/2023 Open Accounts Payable Paradise Playdium Inc $440.17 84209 08/24/2023 Open Accounts Payable R B SPENCER INC $11,602.50 84210 08/24/2023 Open Accounts Payable Redline Installations Inc $1,114.90 84211 08/24/2023 Open Accounts Payable RENTAL GUYS - CHICO $108.25 84212 08/24/2023 Open Accounts Payable Riebes Auto Parts- Motorpool $758.07 84213 08/24/2023 Open Accounts Payable Shelby's Pest Control, Inc. $80.00 84214 08/24/2023 Open Accounts Payable Sigler Pest Control $50.00 84215 08/24/2023 Open Accounts Payable Spherion Staffing $5,244.75 84216 08/24/2023 Open Accounts Payable Stratton Appraisals $400.00 84217 08/24/2023 Open Accounts Payable Suzanne Davis $3,379.78 84218 08/24/2023 Open Accounts Payable Swedes Small Engine Repair LLC $99.20 84219 08/24/2023 Open Accounts Payable THOMAS ACE HARDWARE - ENG.
DEPT.
$1,536.40
84220 08/24/2023 Open Accounts Payable THOMAS ACE HARDWARE - FIRE DEPT.
$20.54
84221 08/24/2023 Open Accounts Payable THOMAS ACE HARDWARE -
MOTORPOOL
$72.80
84222 08/24/2023 Open Accounts Payable TOM'S TREE SERVICE $1,450.00 84223 08/24/2023 Open Accounts Payable Tri Flame Propane $57.10 84224 08/24/2023 Open Accounts Payable TUCKER PEST CONTROL INC $90.00 84225 08/24/2023 Open Accounts Payable Urban Planning Partners Inc $2,812.50 84226 08/24/2023 Open Accounts Payable Vantage Point Title, Inc. $37,918.82 84227 08/24/2023 Open Accounts Payable VERIZON WIRELESS $342.09 84228 08/24/2023 Open Accounts Payable VERIZON WIRELESS $498.48 84229 08/24/2023 Open Accounts Payable VERIZON WIRELESS $1,179.92 84230 08/24/2023 Open Accounts Payable VistaNet Inc. $2,498.00 84231 08/24/2023 Open Accounts Payable Wayne A. Murphy General Contractor $4,500.00 84232 08/24/2023 Open Accounts Payable White Glove Cleaning Svc Inc, Theresa Contreras
$350.00
84233 08/24/2023 Open Accounts Payable Wood, Montana, S $189.75 Type Check Totals: 211 Transactions $5,127,159.34
EFT
1455 08/03/2023 Open Accounts Payable CALPERS - RETIREMENT $59,093.24 1456 08/03/2023 Open Accounts Payable EMPLOYMENT DEVELOPMENT
DEPARTMENT
$10,407.91
1457 08/03/2023 Open Accounts Payable ING LIFE INS & ANNUITY COMPANY $9,950.76 1458 08/03/2023 Open Accounts Payable INTERNAL REVENUE SERVICE $37,494.43 1459 08/07/2023 Open Accounts Payable CALPERS $145,488.96 1460 08/21/2023 Open Accounts Payable CALPERS $2,100.00 user: Aimee Beleu Pages: 5 of 6 Wednesday, August 30, 2023 Payment Register
TOWN OF PARADISE
From Payment Date: 8/1/2023 - To Payment Date: 8/31/2023 32 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
1461 08/17/2023 Open Accounts Payable CALPERS - RETIREMENT $60,211.18 1462 08/17/2023 Open Accounts Payable EMPLOYMENT DEVELOPMENT
DEPARTMENT
$11,276.16
1463 08/17/2023 Open Accounts Payable ING LIFE INS & ANNUITY COMPANY $9,950.76 1464 08/17/2023 Open Accounts Payable INTERNAL REVENUE SERVICE $39,249.35 Type EFT Totals: 10 Transactions $385,222.75
AP - US Bank TOP AP Checking Totals
Checks Status Count Transaction Amount Reconciled Amount Open 211 $5,127,159.34 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 211 $5,127,159.34 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 10 $385,222.75 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 10 $385,222.75 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 221 $5,512,382.09 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 221 $5,512,382.09 $0.00
Grand Totals:
Checks Status Count Transaction Amount Reconciled Amount Open 211 $5,127,159.34 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 211 $5,127,159.34 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 10 $385,222.75 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 10 $385,222.75 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 221 $5,512,382.09 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 221 $5,512,382.09 $0.00
user: Aimee Beleu Pages: 6 of 6 Wednesday, August 30, 2023 Payment Register
TOWN OF PARADISE
From Payment Date: 8/1/2023 - To Payment Date: 8/31/2023 33 Town of Paradise
Council Agenda Summary
Date: September 12, 2023
Agenda Item: 2(c)
ORIGINATED BY: Aimee Beleu, Finance Director/Town Treasurer REVIEWED BY: Jim Goodwin, Town Manager
Scott E. Huber, Town Attorney
SUBJECT: Extension of Term of Contract for Banking Services with U.S. Bank
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Consider authorizing the Mayor and Town Manager to execute documents necessary to amend the contract for banking services with U.S. Bank originally dated October 1, 2017 to extend the terms of the agreement from October 1, 2023 to March 31, 2024. (This is the second and final extension.) Background:
During the September 12, 2017 Town Council Meeting, Council authorized the Mayor and Town Manager to enter into a five-year contract for banking services with U.S. Bank, effective October 1, 2017. The contract provided for fixed pricing for the initial five-year term with an option to review prices annually for two optional one-year extensions.
Analysis:
U.S. Bank has offered to maintain the current pricing for all banking services during the proposed six-month extension. Staff recommends that the Town authorize the Mayor and Town Manager to execute documents necessary to extend the term of the contract for banking services through March 31, 2024. This would exercise the second extension allowed through the contract. (only for six months)
U.S. Bank currently meets the Town’s banking needs for all operations, including checking accounts for both the Town and the Successor Agency to the Paradise Redevelopment Agency.
All payroll and accounts payable disbursements are processed through these accounts through a combination of physical checks and electronic payments. These accounts ensure that the Town’s short-term cash flow needs are met to meet operational expenditures as they arise. All deposits are also processed through the Town’s U.S. Bank accounts.
Financial Impact:
The rate of fees included in the original contract for banking services will remain unchanged during the six-month term of extension. Estimated fees for banking services were included in the FY 2023-24 operating budget based on the original pricing. As such, the extension of the agreement is not expected to have any additional financial impact. 34 AMENDMENT TO CONTRACT FOR BANKING SERVICES
This Amendment (“Amendment”) dated _________________, 2023 is between the Town of Paradise (“Town”) and U.S. Bank National Association, (“Bank”) relating to Bank’s banking services, as outlined in the underlying contract for banking services dated October 1, 2017 (“Contract”) between the parties. In consideration of the terms and conditions herein, the Town and Bank agree that the Contract shall be amended as follows:
1. The Agreement shall continue through March 31, 2024.
2. Conflicts between the Agreement, and this Amendment shall be controlled by this Amendment. All other provisions within the Agreement shall remain in full force and effect.
TOWN OF PARADISE U.S. BANK NATIONAL ASSOCIATION
By: ______________ _________
Greg Bolin, Mayor
By: ______________ _________ By: _________________________ James Goodwin, Town Manager Its:
APPROVED AS TO FORM: ATTEST:
By: ________________________ By: _____________________________ Scott E. Huber, Town Attorney Dina Volenski, CMC, Town Clerk 35 Town of Paradise
Council Agenda Summary
Date: September 12, 2023
Agenda Item: 2(d)
ORIGINATED BY: Patrick Purvis, Fire Chief
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Acceptance of CAL FIRE Volunteer Fire Capacity Grant
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Authorize the Town Manager to execute an agreement with the California Department of Forestry and Fire Protection (CAL FIRE) for acceptance of the USDA 2023 Volunteer Fire Capacity Grant award to purchase new structural and wildland personal protective equipment (PPE); and,
2. Adopt Resolution No. 2023-41, A Resolution of the Town Council of the Town of Paradise, "Approving the Department of Forestry and Fire Protection Agreement #7GF23086 for services from the date of last signatory on page 1 of the Agreement to June 30, 2024 under the Volunteer Fire Capacity Program of the Cooperative Forestry Act of 1978."
Background:
On May 3rd, 2023, Paradise Fire Department applied for a USDA Volunteer Fire Capacity Grant (VFCG) to purchase new structural and wildland personal protective equipment (PPE). The VFCG cost-share funds are awarded to provide assistance to rural areas in upgrading their capability to organize, train, and equip local forces for fire protection.
The life expectancy of PPE is approximately 10 years and some of the current PPE is in need of being replaced.
Analysis:
CAL FIRE has awarded $10,000.00 through the USDA VFCG to the Paradise Fire Department with a 50% match from the Town of Paradise which totals $20,000 in additional PPE purchases.
Financial Impact:
If approved the 50% match for the VFCG would be $10,000.00. The Town already has allocated $10,000.00 in the 2023/2024 budget for replacement of fire department PPE. The budgeted amount will cover the 50% match and there will be no financial impacts to the Town of Paradise. 36 1
State of California
Department of Forestry and Fire Protection (CAL FIRE)
Cooperative Fire Protection
GRANT AGREEMENT
APPLICANT:
PROJECT TITLE: Volunteer Fire Capacity
GRANT AGREEMENT: 7GF23086
PROJECT PERFORMANCE PERIOD is from date upon approval through June 30, 2024.
Under the terms and conditions of this Grant Agreement, the applicant agrees to complete the project as described in the project description, and the State of California, acting through the Department of Forestry & Fire Protection, agrees to fund the project up to the total state grant amount indicated.
PROJECT DESCRIPTION: Cost-share funds awarded to provide assistance to rural areas in upgrading their capability to organize, train, and equip local forces for fire protection.
Total State Grant not to exceed $ $10,000.00 (or project costs, whichever is less). *The Special and General Provisions attached are made a part of and incorporated into this Grant Agreement.
STATE OF CALIFORNIA
DEPARTMENT OF FORESTRY
AND FIRE PROTECTION
Applicant
By By
Signature of Authorized Representative
Title
Title: David Scheurich
Staff Chief, Cooperative Fire Programs
Date Date
CERTIFICATION OF FUNDING
GRANT AGREEMENT NUMBER PO ID SUPPLIER ID
FUND FUND NAME
0001 General Fund
PROJECT ID
354023DG2012166
ACTIVITY ID
SUBGNT
AMOUNT OF ESTIMATE FUNDING
$ $10,000.00
GL UNIT
3540
BUD REF CHAPTER
001 12
ADJ. INCREASING ENCUMBRANCE
$ 0.00
PROGRAM NUMBER ENY ADJ. DECREASING ENCUMBRANCE
9999000FED 2023 $ 0.00
ACCOUNT
5340580
ALT ACCOUNT
5340580002
UNENCUMBERED BALANCE
$ $10,000.00
REPORTING STRUCTURE
35409206
SERVICE LOCATION
92750
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.
Signature of CAL FIRE Accounting Officer Date
Jim Goodwin, Town Manager
Town of Paradise
37 7GF23086
2 VOLUNTEER FIRE CAPACITY PROGRAM
TERMS AND CONDITIONS
DEPARTMENT OF FORESTRY AND FIRE PROTECTION
STATE OF CALIFORNIA
Natural Resources Agency
Agreement for the Volunteer Fire Capacity Program of the Cooperative Forestry Assistance Act of 1978
THIS AGREEMENT, made and entered between the STATE of California, acting through the Director of the Department of Forestry and Fire Protection hereinafter called “STATE”, and ____________________________________________________________hereinafter called “LOCAL AGENCY”, covenants as follows:
RECITALS:
1. STATE has been approved as a passthrough agent of the United States Department of Agriculture, (USDA), Forest Service for the purpose of administering the Volunteer Fire Capacity program in California, hereinafter referred to as VFC, authorized by the Cooperative Forestry Assistance Act (CFAA) of 1978 (PL 95-313, 92 Stat 365, 16 U.S.C. 2106), as amended.
2. This is a subaward under the 2023 Volunteer Fire Capacity Grant #23-DG-11052012-166 awarded to STATE by the Forest Service on August 3, 2023. The Federal Assistance Listing for the award is 10.698, Cooperative Forestry Program. This subaward is funded solely with Federal funds and is subject to the Office of Management and Budget (OMB) guidance in subparts A through F of 2 CFR Part 200, as adopted and supplemented by the USDA in 2 CFR Part 400, and under certain terms and conditions to LOCAL AGENCY to assist LOCAL AGENCY to upgrade its fire protection capability.
3. LOCAL AGENCY desires to participate in said VFC and agrees to the terms and conditions specified in the Procedural Guide for Volunteer Fire Capacity Program 2023.
NOW THEREFORE, it is mutually agreed between the parties as follows:
4. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. LOCAL AGENCY may not commence performance until such approval has been obtained.
5. INCORPORATION: The Procedural Guide for Volunteer Fire Capacity Program 2023, submitted Application for Funding and associated Grant Assurances are hereby incorporated by reference as part of the Grant Agreement.
6. TIMELINESS: Time is of the essence in this Agreement.
7. FORFEITURE OF AWARD: LOCAL AGENCY must return this Agreement and required resolution properly signed and executed to STATE at the email address specified in paragraph 12, with a timestamp no later than December 1, 2023 or LOCAL AGENCY will forfeit the funds.
Town of Paradise
38 7GF23086
3 8. GRANT AND BUDGET CONTIGENCY CLAUSE: It is mutually understood between the parties that this Agreement may have been written for the mutual benefit of both parties before ascertaining the availability of congressional appropriation of funds, to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.
This Agreement is valid and enforceable only if sufficient funds are made available to the STATE by the United States Government for the State Fiscal Year 2023 for the purpose of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or to any statute enacted by the Congress that may affect the provisions, terms, or funding of this Agreement in any manner.
The parties mutually agree that if the Congress does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds.
The STATE has the option to invalidate the Agreement under the 30-day cancellation clause or to amend the Agreement to reflect any reduction in funds.
9. REIMBURSEMENT: STATE will reimburse LOCAL AGENCY, from funds made available to STATE by the Federal Government, an amount not to exceed $10,000.00 on a 50/50 matching funds basis, for the performance of specific projects and/or purchase of specific items identified in Proposed Project, Application for Funding, attached hereto.
Reimbursement will be only for those projects accomplished and/or items purchased between THE LAST SIGNATORY DATE ON PAGE 1 and JUNE 30, 2024. This sum is the sole and maximum payment that STATE will make pursuant to this Agreement.
LOCAL AGENCY must bill STATE at the e-mail address specified in paragraph 12, with a timestamp no later than September 1, 2024 in order to receive the funds. The bill submitted by LOCAL AGENCY must clearly delineate the projects performed and/or items purchased. A vendor’s invoice and proof of payment to vendor(s) must be included for items purchased.
10. LIMITATIONS: Expenditure of the funds distributed by STATE herein is subject to the same limitations as placed by the VFC, upon expenditure of United States Government Funds. Pursuant to 2CFR200.313 Equipment, subject to the obligations and conditions set forth in that section; title to any equipment and supplies acquired under this Agreement vests with the LOCAL AGENCY. For any equipment items over $5,000, the federal government may retain a vested interested in accordance with paragraph 17 below.
11. MATCHING FUNDS: Any and all funds paid to LOCAL AGENCY under the terms of this Agreement, hereinafter referred to as “VFC Funds”, shall be matched by LOCAL AGENCY on a dollar-for-dollar basis, for each project listed on attachment(s) hereto identified as “Proposed Project”. No amount of unpaid “contributed” or “volunteer” labor or services shall be used or consigned in calculating the matching amount “actually spent” by LOCAL AGENCY.
LOCAL AGENCY shall not use VFC Funds as matching funds for other federal grants, including Department of Interior (USDI) Rural Fire Assistance grants, nor use funds from other federal grants, including USDI Rural Fire Assistance grants, as matching funds for VFC Funds.
39 7GF23086
4 12. ADDRESSES: The mailing addresses of the parties hereto under the terms of the Agreement are:
LOCAL AGENCY:
Attention:
Telephone Number(s):
E-mail
STATE: Department of Forestry and Fire Protection
Grants Management Unit, Attn: Megan Esfandiary
P. O. Box 944246
Sacramento, California 94244-2460
PHONE: (916) 894-9845
E-MAIL: [email protected]
13. PURPOSE: Any project to be funded hereunder must be intended to specifically assist LOCAL AGENCY to organize, train, and/or equip local firefighting forces in the aforementioned rural area and community to prevent or suppress fires which threaten life, resources, and/or improvements within the area of operation of LOCAL AGENCY. Project funds are not to be used for research and development.
14. COMBINING: In the event funds are paid for two or more separate, but closely related projects, the 50/50 cost-sharing formula will be applied to the total cost of such combined projects.
15. OVERRUNS: In the event that the total cost of a funded project exceeds the estimate of costs upon which this Agreement is made, LOCAL AGENCY may request additional funds to cover the Agreement share of the amount exceeded. However, there is no assurance that any such funds are, or may be, available for reimbursement. Any increase in funding will require an amendment.
16. UNDERRUNS: In the event that the total cost of a funded project is less than the estimate of costs upon which this Agreement is made, LOCAL AGENCY may request that additional eligible projects/items be approved by STATE for Agreement funding.
However, there is no assurance that any such approval will be funded. Approval of additional projects/items, not listed on the Proposed Project application, made by STATE, will be in writing and will require an amendment.
17. FEDERAL INTEREST IN EQUIPMENT: The Federal Government has a vested interest in any item purchased with VFC funding in excess of $5,000 regardless of the length of this Agreement, until such time as the fair market value is less than $5,000. The VFC percentage used to purchase the equipment will be applied to the sale price and recovered for the Government during the sale. This percentage will remain the same even following depreciation. The Federal Government may not have to be reimbursed if the disposal sale amounts to a fair market value of less than $5,000. LOCAL AGENCY will notify STATE of the disposal of such items.
Town of Paradise
[email protected]
Patrick Purvis
530-872-6264
Mailing - Town Hall: 5555 Skyway, Paradise, CA 95969
Physical - Fire Station 81: 767 Birch Street, Paradise, CA 95969 40 7GF23086
5 18. EQUIPMENT INVENTORY: Any single item purchased in excess of $5,000 will be assigned an VFC Property Number by the STATE. LOCAL AGENCY shall forward a copy of the purchase documents listing the item, brand, model, serial number, any LOCAL AGENCY property number assigned, and a LOCAL AGENCY contact and return address to STATE at the address specified in paragraph 12. The STATE will advise the LOCAL AGENCY Contact of the VFC Property Number assigned.
19. AUDIT: LOCAL AGENCY agrees that the STATE, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. LOCAL AGENCY agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated. LOCAL AGENCY agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, LOCAL AGENCY agrees to include a similar right of the State of California to audit records and interview staff in any subcontract related to performance of this Agreement. (GC 8546.7, PCC 10115 et seq., CCR Title 2, Section 1896).
20. DISPUTES: In the event of any dispute over qualifying matching expenditures of LOCAL AGENCY or audit findings, the dispute will be decided by STATE and its decision shall be final and binding.
21. MONITORING: LOCAL AGENCY agrees to the monitoring of activities as necessary by STATE to ensure that the award is used for authorized purposes, in compliance with Federal statutes, regulations, and the terms and conditions of the agreement; and that performance goals are achieved.
22. INDEMNIFICATION: LOCAL AGENCY agrees to indemnify, defend, and save harmless, the STATE, its officers, agents, and employees, from any and all claims and losses, accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by LOCAL AGENCY in the performance of this Agreement.
23. CIVIL RIGHTS: LOCAL AGENCY agrees to comply with civil rights requirements as detailed in the Complying With Civil Rights Requirements brochure (FS-850) and the And Justice For All poster (AD-475A). The poster is to be placed at all public point of contact/reception areas.
24. DRUG-FREE WORKPLACE REQUIREMENTS: LOCAL AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
41 7GF23086
6 1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drugfree workplace; 3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and LOCAL AGENCY may be ineligible for funding of any future State Agreement if the department determines that any of the following has occurred: (1) the LOCAL AGENCY has made false certification, or violated the certification by failing to carry out the requirements as noted above. (GC 8350 et seq.)
25. TERM: The term of the Agreement SHALL COMMENCE ON THE LAST SIGNATORY DATE ON PAGE 1 and continue through June 30, 2024.
26. TERMINATION: This Agreement may be terminated by either party giving 30 days written notice to the other party or provisions herein amended upon mutual consent of the parties hereto.
27. AMENDMENTS: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
28. INDEPENDENT CONTRACTOR: LOCAL AGENCY, and the agents and employees of LOCAL AGENCY, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the STATE or the Federal Government.
29. INDIRECT RATE: LOCAL AGENCY may not assess an indirect rate in excess of their Federally approved Negotiated Indirect Cost Rate Agreement (NICRA), a de minimis rate if LOCAL AGENCY does not have an approved NICRA, or the VFC program cap rate of 10%, whichever is lesser. LOCAL AGENCY may also elect not to assess an indirect rate.
The approved indirect cost rate at the time of execution is 0%. .
42 7GF23086
7 30. MEDIA: LOCAL AGENCY shall acknowledge STATE and USDA Forest Service support in any publications, audiovisuals and electronic media developed as a result of this award.
It is encouraged to give public notice of the receipt of this award and announce progress and accomplishments, acknowledging STATE and USDA Forest Service support. Follow direction in USDA Supplemental 2 CFR 415.2.
31. ASSIGNMENT: This Agreement is not assignable by LOCAL AGENCY either in whole or in part.
43 BEFORE THE TOWN COUNCIL OF THE
TOWN OF PARADISE
COUNTY OF BUTTE, STATE OF CALIFORNIA
IN THE MATTER OF:
Resolution Number: 2023-
Approving the Department of Forestry and Fire Protection Agreement #7GF23086 for services from the date of last signatory on page 1 of the Agreement to June 30, 2024 under the Volunteer Fire Capacity Program of the Cooperative Forestry Assistance Act of 1978.
BE IT RESOLVED by the Town Council of the Town of Paradise, that said Board does hereby approve the Agreement with the California Department of Forestry and Fire Protection dated as of the last signatory date on page 1 of the Agreement, and any amendments thereto. This Agreement provides for an award, during the term of this Agreement, under the Volunteer Fire Capacity Program of the Cooperative Fire Assistance Act of 1978 during the State Fiscal Year 2023-24 up to and no more than the amount of $10,000.
BE IT FURTHER RESOLVED that Jim Goodwin, Town Manager appointed by said Town Council of the Town of Paradise is hereby authorized to sign and execute said Agreement and any amendments on behalf of the Town of Paradise.
The foregoing resolution was duly passed and adopted by the Town Council of the Town of Paradise, at a regular meeting thereof, held on the 12th day of September,
by the following vote:
AYES: _______________________________
Signature, Town Council Mayor
NAYS:
______________________________
ABSENT: Printed Name and Title
_______________________________
Signature, Town Manager
_______________________________
Printed Name and Title
------CERTIFICATION OF RESOLUTION------
ATTEST:
I _______________________________, Clerk of the ,
County of California do hereby certify that this is a true and correct copy of the original Resolution Number .
WITNESS MY HAND OR THE SEAL OF THE , on
this day of , .
OFFICIAL SEAL
OR NOTARY CERTIFICATON
Signature
Title and Name of Local Agency
44 AD-1048 OMB No. 0505-0027
Expiration Date: 09/30/2025
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
The following statement is made in accordance with the Privacy Act of 1974 (5 U.S.C. § 552a, as amended). This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, and 2 CFR §§ 180.300, 180.335, Participants' responsibilities. The regulations were amended and published on August 31, 2005, in 70 Fed. Reg. 51865-51880. Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction.
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0505-0027. The time required to complete this information collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The provisions of appropriate criminal or civil fraud, privacy, and other statutes may be applicable to the information provided. (Read instructions on page two before completing certification.) A. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; B. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
ORGANIZATION NAME PR/AWARD NUMBER OR PROJECT NAME
NAME(S) AND TITLE(S) OF AUTHORIZED REPRESENTATIVE(S)
SIGNATURE DATE
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: [email protected].
USDA is an equal opportunity provider, employer, and lender.
Town of Paradise Volunteer Fire Capacity 7GF23086
Jim Goodwin, Town Manager
45
Instructions for Certification
(1) By signing and submitting this form, the prospective lower tier participant is providing the certification set out on page 1 in accordance with these instructions.
(2) The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. (3) The prospective lower tier participant must provide immediate written notice to the person(s) to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(4) The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person, ""primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549, at 2 CFR Parts 180 and 417. You may contact the Department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
(5) The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it may not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department or agency with which this transaction originated.
(6) The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (7) A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the General Services Administration’s System for Award Management Exclusions database.
(8) Nothing contained in the foregoing shall be construed to require establishment of a system of records to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (9) Except for transactions authorized under paragraph (5) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the Department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 46 Form AD-1048 (REV 12/22)
Town of Paradise
Council Agenda Summary
Date: September 12, 2023
Agenda Item: 2(e)
ORIGINATED BY: Aimee Beleu, Finance Director/Town Treasurer REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Authorize destruction of certain records maintained in the Finance Division in keeping with the principles of an effective and cost-efficient Records Management
Program
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
Adopt Resolution No. 2023-__, “A Resolution of the Town Council of the Town of Paradise Authorizing Destruction of Certain Town Records Maintained in the Finance Division Pursuant to Government Code Section 34090.” Background:
The Town has had an established records management program since the early 1980’s. Based upon recommendations from the California Secretary of State, all Town records have been appraised, inventoried and scheduled with a retention/destruction code pursuant to Town of Paradise Resolution No. 04-27 (original schedule was adopted in 1993 by Resolution No. 93-30).
This resolution provides the Town with legal authority to dispose of certain records that are no longer of value to the Town.
Once records have fulfilled their administrative, fiscal, or legal function, they should be disposed of as soon as possible in order to maintain an efficient, effective, and economical management of information. Resolution No. 04-27 provides the legal authority, with the Town Attorney’s consent, to dispose of records that no longer serve the administrative, legal and/or fiscal purposes for which they were created. The records listed in “Exhibit B” of the attached resolution have been retained for four or more years and are eligible for destruction.
Financial Impact:
No additional cost will be borne by the Town in destroying these records. The Finance Division already contracts for regular shredding service and any documents not containing confidential or sensitive information will be recycled.
47 1
TOWN OF PARADISE
RESOLUTION NO. 2023-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE
AUTHORIZING DISPOSAL OF CERTAIN TOWN RECORDS MAINTAINED IN
STORAGE FOR THE FINANCE DIVISION PURSUANT TO
GOVERNMENT CODE SECTION 34090.
WHEREAS, Government Code Section 34090 authorizes the head of a town department, with the written consent of the Town Attorney, to destroy certain records over two years of age upon approval of the legislative body; and, WHEREAS, the Town Attorney consent is incorporated into this resolution as Exhibit “A” approving the destruction of those certain records set forth in Exhibit “B”; and, WHEREAS the specific records are set forth on Exhibit “B”; and, WHEREAS, the Finance Director is requesting to dispose certain records maintained in the Finance Division as set forth on the attached Exhibits “B”.
NOW, THEREFORE, the Town Council of the Town of Paradise does resolve as follows:
SECTION 1: The Finance Director of the Town of Paradise is hereby authorized to dispose of the records set forth in Exhibit “B “of this resolution.
PASSED AND ADOPTED by the Town Council of the Town of Paradise this 12th day of September, 2023, by the following vote:
AYES:
NOES:
ABSENT:
NOT VOTING:
_________________________
Greg Bolin, Mayor
ATTEST:
_______________________________
Dina Volenski, CMC, Town Clerk
APPROVED AS TO FORM:
________________________________
Scott E. Huber, Town Attorney
48 TOWN OF PARADISE
RESOLUTION NO. 2023- __
“EXHIBIT A”
Consent to Destruction of Certain Records, Documents
and Papers of the Town of Paradise
Pursuant to the Government Code Section 34090, I hereby consent to the destruction of those certain records, documents and papers of the Town of Paradise listed on Exhibit B to Resolution No. 2023-__.
DATED: September 12, 2023
________________________________
SCOTT E. HUBER, Town Attorney
TOWN OF PARADISE
RESOLUTION NO. 2023-___
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE
AUTHORIZING DESTRUCTION OF CERTAIN TOWN RECORDS
PURSUANT TO GOVERNMENT CODE SECTION 34090
49 TOWN OF PARADISE
RESOLUTION NO. 2023- __
EXHIBIT “B”
LIST OF FILES ELIGIBLE FOR DESTRUCTION
Box Description Documents Date Surplus Date
Accounts Payable 2016/2017 2022/23
Journal Entries/Budget Adjustments 2014/2015 2022/23
Journal Entries/Budget Adjustments 2015/2016 2022/23
Journal Entries/Budget Adjustments 2016/2017 2022/23
Payroll Processing Packets 2016/2017 2022/23
Accounts Payable Edit Listings 001-400 2016/2017 2022/23 Deposits 2016/2017 2022/23
Payroll Liability Payments 2015 2022/23
Misc. Bank Reconciliations 2016/2017 2022/23
Reviewed by:
__________________________________________
Aimee Beleu, Finance Director/Town Treasurer
50 Town of Paradise
Council Agenda Summary
Date: September 12, 2023
Agenda Item: 2(f)
ORIGINATED BY: Aimee Beleu, Finance Director/Town Treasurer REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Finance Department Minor Reorganization
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
Approve recommended personnel change to position control as follows:
1. Temporary over-hire of an Accountant for training due to attrition (item 2)
2. Add additional Account position beginning September 2023
3. Sunset Accounting Manager position when vacated (anticipated December 2023)
Background:
The Finance Department has had a shift in personnel over the past seven months consisting of:
a new Finance Director, Senior Accountant, Accounting Analyst and Accountant (80% of the positions). Within the next few months, we anticipate a retirement, thus resulting in 100% position turn over. The following proposed plan will increase consistency during the transition period.
Analysis:
It is proposed that Council approve an additional Accountant while maintaining current staffing levels to provide training, sustainability, and consistency to the Finance Department. Upon the retirement of the Accounting Manager (anticipated December 2023), staff recommends not to backfill the Accounting Manager position. With this recommendation, the Town would incur hourly charges as needed for training purposes through September 2024, however, the proposed changes will save the Town approximately $25,000 over the next two years.
Current Finance Department Proposed Finance Department
Finance Director Finance Director
Accounting Manager Senior Accountant
Senior Accountant Accountant
Accountant Accountant
Accounting Analyst Accounting Analyst
Financial Impact:
FY 23/24 estimated general fund increase $3,000
FY 24/25 estimated general fund savings $28,000.
51 Town of Paradise
Council Agenda Summary
Date: September 12, 2023
Agenda Item: 2(g)
ORIGINATED BY: Kate Anderson, Housing Program Manager
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Adopt a new resolution authorizing application for, and receipt of, grant funds for California Strategic Growth Council (SGC) Round 1 of the Community Resilience Centers (CRC) Program
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Adopt Resolution No. 2023-__, “A Resolution of the Town Council of the Town of Paradise Authorizing Application for, and Receipt of, Grant Funds for California Strategic Growth Council (SGC) Round 1 of the Community Resilience Centers (CRC Program.”
Background:
Created by Senate Bill (SB) 155 (Committee on Budget and Fiscal Review, Chapter 258, Statutes of 2021), the CRC program will provide “funding…for the construction or retrofit of facilities to serve as community resilience centers that mitigate the public health impacts of extreme heat and other emergency situations exacerbated by climate change.” Assembly Bill (AB) 211 (Committee on Budget and Fiscal Review, Chapter 574, Statutes of 2022) directs the program to ensure applicants demonstrate collaboration with community members; involvement with community-based organizations and local residents in governance and decision-making; multi- stakeholder partnerships; and accessible CRCs providing eligible services and amenities year- round to community residents. AB 211 also authorizes SGC to provide advance payment to specific grantees and directs CRC program staff to prioritize projects in and benefiting under- resourced communities and to ensure statewide geographic diversity. Funding for CRC Program Round 1 is through the General Fund’s Climate Budget.
Discussion and Analysis:
Prior to the Camp Fire, the Paradise Ridge Senior Center was a designated emergency shelter by the Town’s Emergency Operation Center. The location had sufficient bathrooms, storage and a commercial kitchen to serve residents when a shelter was needed, and its parking lot served as an assembly point when evacuations were necessary. The Senior Center was pre-wired for the Town’s portable generator for use during power outages. Unfortunately, the Camp Fire destroyed the Senior Center, but the community desires to rebuild a Community Center, providing an array of facilities, activities and the redesignation of a shelter.
A Paradise Community Center Feasibility Study was completed September 2022 that explored the rebuilding of the Paradise Community Center (PCC), formerly the Paradise Ridge Senior Center, public input and a revised design. The Report considered partnerships, ownership and management of the facility to ensure the long-term operation of an important gathering area for residents on the Ridge. Public support was strong for the rebuilding as evidenced by 551 enthusiastic responses and strong participation.
52 The Paradise Community Center will be rebuilt as a 10,000 square foot building offering event space with movable divider walls to expand and contract space as needed, restrooms & utility (8 toilets, 8 sinks, 3 showers and utility closet), a conference room, commercial kitchen with service window, easy access to indoor & outdoor event spaces, stage, and storage. Notable features can include HEPA filter/air scrubbing HVAC system; generator(s) for power outages; and water filtration system. As it had in the past, the Paradise Community Center will host disaster and evacuation education, computer classes for seniors, health insurance counseling and advocacy programs for seniors, food giveaways, serve as a centralized location for disseminating news and information about available assistance and resources, and be an open and available meeting place where people can seek and find companionship, for which seniors have a special need as they are less likely to own and use computers.
This grant will fill the gap between the funds that PCC has available to rebuild (approximately $3 million) and the total cost of the rebuild of the center as a community resilience center (approximately $5.5 million).
Alternatives:
There are no apparent alternatives for funding this project at this time.
Financial Impact:
The application submittal has no financial impact on the General Fund and will add approximately $2.5 million in grant funding that will support the rebuilding efforts of the PCC as a shelter, when needed.
There is no match requirement associated with this grant; therefore, an award would have no financial impact.
53 TOWN OF PARADISE
RESOLUTION NO. 2023-____
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE
AUTHORIZING APPLICATION FOR, AND RECEIPT OF, GRANT FUNDS FOR CALIFORNIA STRATEGIC GROWTH COUNCIL (SGC) ROUND 1 OF THE COMMUNITY
RESILENCE CENTERS (CRC) PROGRAM
WHEREAS, created by Senate Bill (SB) 155 (Committee on Budget and Fiscal Review, Chapter 258, Statutes of 2021), the CRC program will provide “funding…for the construction or retrofit of facilities to serve as community resilience centers that mitigate the public health impacts of extreme heat and other emergency situations exacerbated by climate change.” Assembly Bill (AB) 211 (Committee on Budget and Fiscal Review, Chapter 574, Statutes of 2022) directs the program to ensure applicants demonstrate collaboration with community members; involvement with community-based organizations and local residents in governance and decision-making; multi- stakeholder partnerships; and accessible CRCs providing eligible services and amenities year- round to community residents. AB 211 also authorizes SGC to provide advance payment to specific grantees and directs CRC program staff to prioritize projects in and benefiting under- resourced communities and to ensure statewide geographic diversity. Funding for CRC Program Round 1 is through the General Fund’s Climate Budget; and, WHEREAS, the SGC requires a resolution certifying the approval of application(s) by the Applicants governing board before submission of said application(s) to the State; and, WHEREAS, per the guidelines of the grant program, the Town of Paradise is identified as eligible for funding; and,
WHEREAS, the Grantee will enter into a grant agreement with the State of California and be responsible for compiling and submitting all invoices and reporting documents; and, WHEREAS, the Town, if selected, will enter into an agreement with the State of California to carry out the CRC grant; and,
WHEREAS, the SGC adopted a timeline indicating the full application is due September 18, 2023; and,
WHEREAS, the Town of Paradise intends to submit a CRC grant application.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Paradise as follows:
1. The foregoing findings and recitals are true, correct and incorporated herein.
2. The Town Council approves the Town of Paradise to serve as a lead applicant for the Implementation grant application due by September 18, 2023. 54 TOWN OF PARADISE
RESOLUTION NO. 2023-___
2 3. The Town Council authorized the Town Manager, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements and payment requests and so on, which may be necessary for the grant.
PASSED AND ADOPTED by the Town Council of the Town of Paradise this 12th day of September, 2023 by the following vote:
AYES:
NOES:
ABSENT:
NOT VOTING:
_________________________________
Greg Bolin, Mayor
ATTEST:
Dina Volenski, CMC, Town Clerk
APPROVED AS TO FORM:
Scott E. Huber, Town Attorney
55 Town of Paradise
Council Agenda Summary
Date: September 12, 2023
Agenda Item: 2(h)
ORIGINATED BY: Eric Reinbold, Chief of Police
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Declaration of Certain Town Equipment from the Police Department to be Surplus and Obsolete.
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Declare the attached described equipment as surplus property; and
2. Adopt Resolution No. 2023-44, “A Resolution of the Town Council of the Town of Paradise Declaring Certain Town Equipment to be Surplus and Obsolete and Authorizing Disposal by the Town Manager or his Designee.”
Background:
Over time, equipment, such as firearms, vehicles and computers are purchased, used, become obsolete and are replaced. The Generation 3, Glock 21C handguns, vehicles, computers, and Dispatch radio interface systems listed below may be declared as unusable or outdated as they are no longer economical or effective to be used for Town purposes.
The handguns listed below are not economical to maintain or repair due to discontinued parts and their large size makes them impractical to be used by all personnel. The vehicles listed below need repair and have been replaced by new vehicles recently added to the fleet. With the age and condition of these vehicles, it is not economical to repair them, and they are no longer needed for Police operations. It is recommended the emergency equipment be removed and repurposed or disposed of, the markings be removed as required and the vehicles properly disposed. The computers listed below are mobile data computers that are over 10 years old. This line is no longer being manufactured, their internal hardware is obsolete, their processors, they are not capable of competently running current operating systems, and their modems are no longer compatible with current systems and networks. These computers are not economically repairable. Their memories should be securely wiped, and the computers properly disposed. The Dispatch radio interface systems listed below are obsolete, the manufacturer is out of business eliminating factory support for parts or service and they are incompatible with the current digital Dispatch radio system. Any sensitive data should be securely removed from these systems and the parts property disposed. It is recommended that all these items be disposed of as surplus property through proper 56 procedures.
FINANCIAL IMPACT:
The disposal of these items will have no negative impact on the General Fund.
Property to Surplus:
1. Generation 3 Glock 21C
a. The Gen 3 Glock 21C is a .45 caliber, semi-auto handgun with a 4.6” barrel.
The firing system uses striker fire technology/engineering. The below listed serial numbers to be surplused:
i. DVD344
ii. DXX661
iii. DXX665
iv. DXX668
v. DXX669
vi. DXX674
vii. DXX676
viii. DXX680
ix. DXX682
x. DXX690
xi. DXX695
xii. DXX698
2. Police Crown Victoria Police Interceptors (CVPI)
a. The Ford Crown Victoria Police Interceptor is a vehicle purpose-built for Law Enforcement and fleet use and has been out of production for over 10 years, making OEM quality parts more difficult to obtain. The below listed CVPIs are to be surplused:
i. PD10 – 2002 Ford Crown Victoria Police Interceptor, VIN 2FAFP71W42X157512, License 1125981, mileage 170,451.
ii. PD31 – 2008 Ford Crown Victoria Police Interceptor, VIN 2FAFP71V58X114831, License 1208494, mileage 127,670.
iii. PD33 – 2002 Ford Crown Victoria Police Interceptor, VIN 2FAFP71W83X187680, License mileage 114,081.
3. Mobile Data Computers (MDC)
a. The Panasonic Toughbook CF-31 is a ruggedized laptop computer that the Police Department utilized as Mobile Data Computers (MDC’s) in marked Patrol vehicles. The MDC’s with the below listed serial numbers are inoperable and obsolete, and are to be surplused:
i. 1AKYA45212
ii. 1AKYA45223
iii. 1AKYA45232
iv. 1AKYA45309
v. 1AKYA45315
vi. 1AKYA45504
vii. 1AKYA45513
viii. 1AKYA45522
ix. 2ETYA65649
x. 6AKSA56846
57 xi. 6FKSA73841
4. Dispatch Radio Interface Systems
a. ModUCom radio interface system components installed in 2012. b. ModUCom radio interface system components from older installations. 58 TOWN OF PARADISE
RESOLUTION NO. 2023-44
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE DECLARING
CERTAIN TOWN PROPERTY TO BE SURPLUS AND AUTHORIZING DISPOSAL
THEREOF
WHEREAS, the Town of Paradise wishes to dispose of certain equipment from the Police Department through public auction, internet sale, salvage or other legal method that is no longer functional or necessary to the Town’s operations.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PARADISE AS FOLLOWS:
Section 1. The following equipment is declared to be surplus:
1. Generation 3 Glock 21C
a. The Gen 3 Glock 21C is a .45 caliber, semi-auto handgun with a 4.6” barrel.
The firing system uses striker fire technology/engineering. The below listed serial numbers to be surplused:
i. DVD344
ii. DXX661
iii. DXX665
iv. DXX668
v. DXX669
vi. DXX674
vii. DXX676
viii. DXX680
ix. DXX682
x. DXX690
xi. DXX695
xii. DXX698
2. Police Crown Victoria Police Interceptors (CVPI)
a. The Ford Crown Victoria Police Interceptor is a vehicle purpose-built for Law Enforcement and fleet use and has been out of production for over 10 years, making OEM quality parts more difficult to obtain. The below listed CVPIs are to be surplused:
i. PD10 – 2002 Ford Crown Victoria Police Interceptor, VIN 2FAFP71W42X157512, License 1125981, mileage 170,451.
ii. PD31 – 2008 Ford Crown Victoria Police Interceptor, VIN 2FAFP71V58X114831, License 1208494, mileage 127,670.
iii. PD33 – 2002 Ford Crown Victoria Police Interceptor, VIN 2FAFP71W83X187680, License mileage 114,081.
3. Mobile Data Computers (MDC)
a. The Panasonic Toughbook CF-31 is a ruggedized laptop computer that the Police Department utilized as Mobile Data Computers (MDC’s) in marked Patrol vehicles. The MDC’s with the below listed serial numbers are inoperable and obsolete, and are to be surplused:
i. 1AKYA45212
59 ii. 1AKYA45223
iii. 1AKYA45232
iv. 1AKYA45309
v. 1AKYA45315
vi. 1AKYA45504
vii. 1AKYA45513
viii. 1AKYA45522
ix. 2ETYA65649
x. 6AKSA56846
xi. 6FKSA73841
4. Dispatch Radio Interface Systems
a. ModUCom radio interface system components installed in 2012. b. ModUCom radio interface system components from older installations.
Section 2. Pursuant to Paradise Municipal Code Section 2.45.130, the Town Manager is hereby authorized to dispose of the property set forth in Section 1 through public auction, internet, sale, salvage, donation or other legal method.
PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 12 th
day of September, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By: ________________________________
Greg Bolin, Mayor
ATTEST: APPROVED AS TO FORM:
Dina Volenski, CMC, Town Clerk Scott E. Huber, Town Attorney 60 Town of Paradise
Council Agenda Summary
Date: September 12, 2023
Agenda Item: 5(a)
ORIGINATED BY: Kate Anderson, Housing Program Manager
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Public Hearing – 2022-2023 Consolidated Annual Performance and Evaluation Report for the Community
Development Block Grant Program
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Conduct a duly noticed and published public hearing to receive comments on the Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) Program; and,
2. Authorize the Town Manager to submit the CAPER to the Department of Housing and Urban Development (HUD).
Background:
At the conclusion of each program year, the regulations that govern the Community Development Block Grant (CDBG) Program require the preparation of the Consolidated Annual Performance and Evaluation Report (CAPER). The CAPER outlines CDBG program accomplishments and expenditures, as well as providing an evaluation of the Town’s progress toward meeting its community development goals and objectives.
Analysis:
For the 2022-2023 program year, the Town of Paradise was allocated $107,537 for programs and projects that directly benefit the Town’s low and moderate-income residents. In addition, the Town had available $585,548 in prior year allocations and $126,957 in program income. Funding priorities for this program year included:
Public Infrastructure and Improvements (53%)
Public Services (15%)
Housing Assistance (12%)
Grant Administration (20%)
The Town accomplished three of its four priorities this year and corrected its timeliness. The sidewalk in-fill project included all missing sidewalk segments on both sides of Skyway from Roe Road to Bille Road, is estimated to serve at least 2,000 residents, and expended a total of $634,484 of CDBG funds. Chico Meals on Wheels program delivered meals to 35 senior or disabled households throughout the program year expending $10,334 of CDBG funds. The Boys & Girls Club of the North Valley provided leadership training to 141 children from low-income 61 households during the school year expending $5,334 of CDBG funds. Paradise Recreation & Park District provided scholarships to two children from low-income households for youth judo classes expending $80 of CDBG funds. The Town assisted two affordable housing non-profits (Habitat for Humanity of Butte County and North Valley Housing Trust) in acquiring four residential lots for the development of affordable homeownership which expended $123,323 in CDBG funds. Lastly, the Town expended $21,507 of its annual allocation on grant administration. Remaining prior year funds is $29,782.63 which is earmarked for housing assistance.
A copy of the draft CAPER is attached for review and approval. Any comments received during the hearing will be incorporated into the final document prior to its submittal to HUD regional office.
Financial Impact:
The completion of the report does not require an additional expenditure. Staff time is covered by Community Development Block Grant Program funds. General Fund expenditure is not required.
Failure to complete the report could jeopardize future CDBG funding. 62 CAPER 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
Draft 2022-2023 Consolidated Annual Performance and Evaluation Report (CAPER)
for the Community Development Block Grant (CDBG) Program Public Comment period August 27, 2023-September 11, 2023 63 CAPER 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
The Town's goals for the 2022-2023 Annual Action Plan was to expand and improve public infrastructure (specifically sidewalks), provide support services for low-to-moderate income households, purchase lots for affordable homeownership, and to perform program administration. The Town's accomplishments match with the goals of the 2022-2023 Annual Action Plan and are necessary steps towards accomplishing the overall goals of the consolidated plan.
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
1A Expand &
Improve Public
Infrastructure
Non-Housing
Community
Development
CDBG:
$
Public Facility or
Infrastructure
Activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
5000 5000
100.00%
2000 2000
100.00%
2A Provide
Public Services
for LMI &
Special Needs
Non-Housing
Community
Development
CDBG:
$
Public service
activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
100 183
183.00%
239 183
76.57%
64 CAPER 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
3A Increase
Affordable
Housing
Opportunity
Affordable
Housing
CDBG:
$
Homeowner Housing
Added
Household
Housing
Unit
25 0
0.00%
5 4
80.00%
3A Increase
Affordable
Housing
Opportunity
Affordable
Housing
CDBG:
$
Direct Financial
Assistance to
Homebuyers
Households
Assisted
25 0
0.00%
4A Provide for
Small Business
Assistance
Non-Housing
Community
Development
CDBG:
$
Businesses assisted
Businesses
Assisted
20 0
0.00%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.
During 2022-2032, the Town of Paradise focused on its timeliness. Its sidewalk infill project was completed using all program income funds and much of the prior years allocation. In addition, the Town was able to fund its Public Service projects and assist in the purchase of three lots ultimately for purpose of affordable homeownership.
65 CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG
White 131
Black or African American 4
Asian 2
American Indian or American Native 6
Native Hawaiian or Other Pacific Islander 0
Total 143
Hispanic 14
Not Hispanic 129
Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative
The Town's population per the most recent ACS data shows the racial makeup of the Town is 91% White alone, 6% Hispanic or Latino, 4.5% two or more races, 1% Native Amercan, and 0.5% Black. These families are likely representative of the Town's population when considering the sizeable margin of error and a 10% increase in population between 2020 and 2023. 66 CAPER 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal 820,042 888,468
Table 3 - Resources Made Available
Narrative
$107,537 was the annual allocation for PY2022 but the Town also had $693,085.35 in prior year allocations and $126,956.67 in program income at the start of the program year and then received $52,436.86 in program income during the program year.
Identify the geographic distribution and location of investments Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
Table 4 – Identify the geographic distribution and location of investments Narrative
The target area is within the Town limits of Paradise. All funds expended during the program year 2022- 2023 were within the Town limits of Paradise.
67 CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.
During this reporting period, the grant for Public Services was layered with funds from Meal on Wheel, Boys and Girls Club, Paradise Recreation and Park District, California Department of Education, Everybody Healthy Body, and community-raised funds. Publicly-owned land was used to address the need for sidewalk infill. Acquired land donated to local affordable housing non-profits will be used for the development of affordable homeownership. 68 CAPER 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 5 0
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 5 0
Table 5 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 5 0
Number of households supported through
Rehab of Existing Units 0 0
Number of households supported through
Acquisition of Existing Units 0 0
Total 5 0
Table 6 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
The Town assisted two local affordable housing non-profits in acquiring four lots for the ultimate purpose of affordable homeownership. Habitat for Humanity of Butte County obtained three lots as part of their self-help homeownership program. Additionally, North Valley Housing Trust obtained one lot airmarked for infill new construction with the Town's 2020 HOME award that has not yet been granted by HCD. Additional housing assistance funding was included in this program year for the administration 69 CAPER 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
of the HOME Infill New Construction projects but cannot be expended until HCD releases the 2020 HOME award.
Discuss how these outcomes will impact future annual action plans.
The Housing assistance funding for PY2022 will hopefully be expended in PY2023 (assuming HCD releases the 2020 HOME award soon). The accomplishments for these homes will appear in future annual action plans as it takes time to build the homes.
Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 0 0
Low-income 0 0
Moderate-income 0 0
Total 0 0
Table 7 – Number of Households Served
Narrative Information
No households were provided with direct housing assistance during during this program year as it takes time to produce the homes as affordable homeownership.
70 CAPER 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The Town's Code Enforcement Department continues to make twice-weekly visits to residents living in temporary shelters, connecting them with resources for permanent housing. Code Enforcement Officers are accompanied by Disaster Case Managers who can connect people with wraparound services.
Addressing the emergency shelter and transitional housing needs of homeless persons The Town is still under an emergency ordinance allowing homeless people to temporarily camp in RVs on their properties. Like many rural jurisdictions, the Town of Paradise does not have its own emergency shelter nor transitional housing; instead the Town relies on the County's resources. Within the County, there is an emergency shelter and transitional housing is available.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs Due to the Camp Fire disaster, the Town has a very robust Disaster Case Management (DCM) system.
Since the entire Town is within the footprint of the wildfire, all residents qualify for a case manager.
These DCMs work with households to identify long-term housing, food programs, public assistance program, behavioral health services, etc.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The Town had few homeless persons prior to our disaster. The majority of homeless households now are previously-housed persons trying to figure out how to rebuild a home with little to no funding.
Through State and Federal programs, the Town is identifying and assisting those who are eligibile and 71 CAPER 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
referring those that are not to County programs. The Town also refers people to the Housing Authority of the County of Butte which administers the County Section 8 voucher and VASH programs. 72 CAPER 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
All public housing in Butte County is managed by the Housing Authority of the County of Butte. No public housing is available within the Town limits of Paradise.
Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
The Town works closely with the Housing Authority of the County of Butte to promote its First-Time Homebuyer program to its public housing resident and Family Self-Sufficiency program graduates.
Actions taken to provide assistance to troubled PHAs
The Town of Paradise does not own nor manage any public housing. However, members of the Town's housing staff have been Commissioners to the Housing Authority for a number of years and are aware that no public housing is troubled within our County.
73 CAPER 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The Town of Paradise has always been and continues to be a very accessible and affordable community to build and live. The Town has no policies that prevent affordable housing. The only ordinances the Town has added over and above the California building codes is wildland urban interface (WUI) standards. The Town's fees are among the lowest in the state. The Town has no growth limitations. The Town's biggest barrier to affordable housing continues to be the lack of sewer. The Town of Paradise is completed a feasibility study and implementation plan for a sewer for the more densely populated areas, including many of the properties that would be suitable for multi-family developments. After the Camp Fire, new sources of funding are now available to the Town of Paradise, and the Town is persuing them to construct a sewer to aid our recovery.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The Town provides two housing programs for low-income households: the first to assist homeowners with repairs and reconstruction of their residence, and the second to encourage affordable home ownership. The Town has identified people who were renting homes at the time of the fire as the largest population that is ineligible for most disaster-related housing programs, and the Town is working closely with our local Community Housing Improvement Program and Habitat for Humanity to pair the Down Payment Assistance for homeownership with participants in their self-help build programs.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) The Town of Paradise was primarily developed between 1950 and 1980 which was a prime period for the use of lead-based paint. However, the Town lost 90% of that housing stock in the 2018 Camp Fire. Of the remaining 10% of housing that survived the fire, much of that stock was new which is why they survived the wildfire due to wildland urban interface (WUI) building standards put in place several years prior to the disaster. For those few pre-1978 homes that did survive the fire, the Town offers its OwnerOccupied Housing Rehabilitation program to address lead-paint mitigation.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) One silver lining to our disaster is the robust Disaster Case Management program that came as a result of the disaster but has been a successful program that assists our poverty-level families with a multitude of services. In addition, the Town works closely with non-profit origanizations in the area to provide programs/services to to very low-, low- and moderate-income residents, including the frail and elderly, mentally disabled, physically disabled, homeless, and at-risk youth. This year our public service grant 74 CAPER 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
recipient provided free and reduced-cost meals for low-income seniors and the disabled, leadership training for school-aged children from low-income households, and provided scholarships to sporting activities for children from low-income households.
Actions taken to develop institutional structure. 91.220(k); 91.320(j) The institutional structure of the Town includes a five-member Town Council. Additionally, the Business and Housing Services staff provide the main administrative and project management duties for the CDBG entitlement. The Town works closely with non-profit organizations in the area to provide programs/services to to very low-, low- and moderate-income residents, including the frail and elderly, mentally disabled, physically disabled, homeless, and at-risk youth. The Town also focuses on collaboration with goverment agencies, community needs organizations and local businesses. Last, but not least, the Town has formed a Community Relations Committee made up of approximately 11 community members to ensure feedback from its citizens.
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
Thanks to HUD funding, the Town is coordinating new affordable housing projects with developers. In addition, the Town is working to develop a program to replace much of its private rental housing lost in the Camp Fire. The Town works closely with Community Housing Improvement Program (CHIP) and Habitat for Humanity of Butte County on several mutual self-help homeownership and reconstruction projects. The Town created a Housing Advisory Committee to bring together public and private housing stakeholders in adition to community members at-large to identify the Town's housing needs and work together to address those needs. Lastly, the Town maximizes its CDBG annual allocation each year to support public services.
Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) The Town of Paradise is completed a feasibility study and implementation plan for a sewer for the more densely populated areas, including many of the properties that would be suitable for multi-family developments. Bringing sewer to the Town will increase the capacity for housing density, making it more economically feasible to build affordable multi-family housing. The Town is also working with a local CDFI and a local housing trust to create more accessible financing options for property owners to build homes.
75 CAPER 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
The Town follows the procedures adopted in the Code of Federal Regulations, created by the Office of the Assistant Secretary of Community Planning and Development that pertain to Community Development programs are contained within Part 570 for CDBG entitlement communities.
Organizations receiving CDBG funds are required to report quarterly to the Town and also provide an end of year report which is reviewed and input into IDIS for yearly accomplishments at the close of the program year. Organizations are audited and staff performs site visits on a yearly basis. Staff will monitor the organizations to make sure that HUD regulations are being met or funding is relinquished.
At the end of each funding year, staff reviews the accomplishments of community service agencies to determine their ability to serve the low/mod residents of Paradise and meet the program requirements.
The Town also follows all applicable program requirements regarding housing projects and lead-based paint standards. Housing applicants are reviewed thoroughly by staff to ensure they have met all eligibility requirements. Site inspections are utilized to ensure that the housing, whether for purchase or rehabilitation, complies with safety and health requirements of the programs. Recipients are verified annually through utility billing verification to ensure owner occupancy of the property.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.
The Town follows its Citizen Participation Plan for all CDBG-related programs. A public notice is published in the local newspaper 15 days prior to the public hearings. The draft document is made available at Town Hall, the Town's Building Resiliency Center, the Butte County Public Library (Paradise Branch) and on the Town's website. All of these locations are known to be accessible to persons with disabilities, persons of low/moderate income, as well as citizens at large who may be interested in participating through public commentary. Public hearings are held for public comment and questions of draft reports. All comments received are presented to Council for consideration of adoption. 76 CAPER 15
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year. 77 CAPER 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year. 78 CAPER 17
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-58 – Section 3
Identify the number of individuals assisted and the types of assistance provided Total Labor Hours CDBG HOME ESG HOPWA HTF
Total Number of Activities 1 0 0 0 0
Total Labor Hours
Total Section 3 Worker Hours
Total Targeted Section 3 Worker Hours
Table 8 – Total Labor Hours
Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF Outreach efforts to generate job applicants who are Public Housing Targeted Workers
Outreach efforts to generate job applicants who are Other Funding Targeted Workers.
Direct, on-the job training (including apprenticeships).
Indirect training such as arranging for, contracting for, or paying tuition for, off-site training.
Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).
Outreach efforts to identify and secure bids from Section 3 business concerns.
Technical assistance to help Section 3 business concerns understand and bid on contracts.
Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns.
Provided or connected residents with assistance in seeking employment including: drafting resumes,preparing for interviews, finding job opportunities, connecting residents to job placement services.
Held one or more job fairs.
Provided or connected residents with supportive services that can provide direct services or referrals.
Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation.
Assisted residents with finding child care.
Assisted residents to apply for, or attend community college or a four year educational institution.
Assisted residents to apply for, or attend vocational/technical training.
Assisted residents to obtain financial literacy training and/or coaching.
Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.
Provided or connected residents with training on computer use or online technologies.
Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses.
Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act.
79 CAPER 18
OMB Control No: 2506-0117 (exp. 09/30/2021)
Other.
Table 9 – Qualitative Efforts - Number of Activities by Program Narrative
80 Town of Paradise
Council Agenda Summary
Date: September 12, 2023
Agenda Item: 5(b)
ORIGINATED BY: Susan Hartman, Community Development
Director – Planning & Wastewater
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Public Hearing to Consider a Rezone Application (RR-1 to RR ½) to Accommodate a Lot Line Adjustment
Application between Three Residential Properties
(PL23-00111 Fisher)
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Conduct duly noticed public hearing; and,
2. Concur with the project “CEQA determination” finding presented and considered by the Planning Commission on August 15, 2023; and,
3. Concur with the project recommended rezone action adopted by the Planning Commission on August 15, 2023, and embodied within Planning Commission Resolution No. 2023-03; and,
4. Waive the first reading of Town Ordinance No. 628 and read by title only (roll call vote); and,
5. Introduce Town of Paradise Town Ordinance No. 628 “An Ordinance Rezoning Certain Real Property from “RR-1” (Rural Residential 1-acre minimum) to an RR ½ (Rural Residential ½-acre minimum) Zone Pursuant to Paradise Municipal Code Sections 17.45.500 Et. Seq. (Fisher: PL23-00111)”; or,
6. Adopt an alternative directive to town staff.
Background:
Project applicants, Josh and Holly Fisher, are seeking Town of Paradise approval of a partial rezone from Rural Residential 1-acre minimum (RR-1) to Rural Residential ½-acre minimum (RR 1/2) affecting a +1.22-acre portion of a +4.64-acre property to accommodate a conditionally approved lot line adjustment. The lot line along the western edge of 5460 Filbert St, zoned RR-1, is being adjusted inwardly to the east to effectively increase the lot areas of 5462 & 5458 Filbert St; adjacent properties zoned RR ½ also owned by the Fishers. However, because 5462 & 5458 Filbert St are zoned RR ½, that additional land being added to their lot area needs to be rezoned from RR-1 to RR ½ because the properties are not large enough to be approved as split-zoned parcels.
The lot line adjustment and partial rezone will bring 5458 Filbert St (Resultant Parcel 3) into zoning compliance regarding parcel size and will allow 5462 Filbert St (Resultant Parcel 2) to square off their side property line into a straight line. The lot line adjustment application was conditionally 81 approved by the Engineering Division on June 14, 2023, with the condition of securing a partial rezone before the adjustment could be recorded.
Analysis:
Attached with this staff report for your review and consideration is a copy of the application form and other application materials that were filed with the Town of Paradise by J.B. Surveys LLC, the project surveyor. A detailed map exhibit was submitted with the project application depicting the adjustments of the lot lines and the areas to be rezoned.
The proposed project application has been evaluated in accordance with the requirements of the California Environmental Quality Act (CEQA) and was determined to belong to a class of projects that are categorically exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA section 15061 (General Rule Exemption).This exemption applies to the project application because there is no physical development proposed and, therefore, no possibility of any significant adverse environmental impacts upon the existing environmental setting.
The attached Planning Commission resolution document recommends Town Council adoption and assignment of a partial rezone of certain real property. Attached with this agenda summary for consideration, possible adoption, and introduction respectively by the Town Council is a proposed Town of Paradise zoning ordinance document which reflects the Planning Commission’s recommended actions.
Lastly, for your convenience, town planning staff has also generated and attached other information materials related to this agenda item.
Financial Impact:
The Town incurs no direct costs for the first reading and introduction of the zoning ordinance for the rezone. If ultimately adopted, the digital zoning maps are maintained and updated by the Chico State GIC under an existing contract at no additional charge. 82 ATTACHEMENTS
FOR
FISHER REZONE PL23-00111
1. Project vicinity map.
2. Notice sent to surrounding property owners and the Paradise Post for the September 12, 2023 public hearing.
3. Mailing list of property owners and agencies notified of the public hearing.
4. Notice of Exemption prepared for the Fisher rezone project.
5. Planning Commission Resolution No. 2023-03 adopted August 15, 2023.
6. Town of Paradise Ordinance No. 628, “An Ordinance Rezoning Certain Real Property from “RR-1” (Rural Residential 1-acre minimum) to an RR ½ (Rural Residential ½-acre minimum) Zone Pursuant to Paradise Municipal Code Sections 17.45.500 Et. Seq. (Fisher: PL23- 00111)”
83
N
APPLICANT: Joshua & Holly Fisher
OWNER: Joshua & Holly Fisher 5460 Filbert St
PROJECT DESCRIPTION:
Planning Commission consideration of a resolution recommending Town Council approval of a rezone affecting a +/-1.22-acre portion of a +/- 4.64 property from Rural Residential 1-acre minimum (RR-1) to Rural Residential ½ acre minimum (RR ½) to accommodate a conditionally approved lot line adjustment.
ZONING: RR 1 GENERAL PLAN: RR FILE NO. PL23-00111
ASSESSOR PARCEL NO. 052-260-135 MEETING DATE: 09/12/2023 84 85
86 87
NOTICE OF EXEMPTION
To: File
From: Town of Paradise, Development Services Department, Planning Division, 6295 Skyway, Paradise, CA 95969
Project Title: Fisher Rezone
Project Applicant: Town of Paradise
Project Location: N/A
Project Description: Rezone a +1.22-acre portion of a +4.64-acre property from Rural Residential 1-acre minimum to Rural Residential ½ acre minimum to accommodate a conditionally approved lot line adjustment application.
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 rezone does 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: 08/07/2023_____________
88 89
90 91
TOWN OF PARADISE
ORDINANCE NO. 628
AN ORDINANCE REZONING CERTAIN REAL PROPERTY FROM “RR-1” (RURAL RESIDENTIAL 1-ACRE MINIMUM) TO AN “RR 1/2” (RURAL RESIDENTIAL ½-ACRE MINIMUM) ZONE PURSUANT TO PARADISE MUNICIPAL CODE SECTIONS 17.45.500 ET.
SEQ. (FISHER: PL23-00111)
The Town Council of the Town of Paradise, State of California, does hereby ORDAIN AS FOLLOWS:
SECTION 1. The hereinafter described portion of real property situated in the Town of Paradise, State of California, shall be and is hereby zoned “RR-1/2” (Rural Residential ½-acre minimum) as described in Chapter 17.12 of the Paradise Municipal Code and such land area shall be subject to the restrictions, restricted uses, and regulations of such chapter. The portion of real property so zoned is located at 5460 Filbert Street in the Town of Paradise, identified as AP No. 052-260-135, and as described within the Lot Line Adjustment resultant parcel descriptions in Exhibit “A” and shown in Exhibit “B” attached hereto and made a part hereof by reference.
SECTION 2. This ordinance shall take effect thirty (30) days beyond the date of its passage. Before the expiration of fifteen (15) days after its passage, this ordinance shall be published in a newspaper of general circulation 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.
92 ORDINANCE NO. 628
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:
NOT VOTING:
____________________________
Greg Bolin, Mayor
ATTEST:
By:_________________________________
Dina Volenski, Town Clerk
APPROVED AS TO FORM:
By:_________________________________
Scott E. Huber, Town Attorney
93 EXHIBIT “A”
RESULTANT PARCEL TWO
All that real property described in the grant deed to Holly Fisher and Joshua Fisher, dated April 1, 2021, recorded in Document No. 2021-0014911, Official Records of Butte County, being all of Lot 21 and a portion of Lot 22, as shown on that certain map entitled “Sunland Acres Subdivision Unit 3”, in Book 58 of Maps, Page 60-61, and a portion of Lot 17, as shown on that certain map entitled “Official Map of Section 22, Township 22 North, Range 3 East, M.D.B. & M., in Book ‘B’ of Maps, Page 33, Butte County Records, more particularly described as follows:
COMMENCING at the Southwest corner of Lot 22, as designated on said map entitled “Sunland Acres Subdivision Unit 3”; Thence from said POINT OF COMMENCMENT, along the northerly right of way of Filbert Street along the arc of a curve to the right with a radius of 80.00 feet through a central angle of 32°28’21’ for an arc length of 45.34 feet; thence continuing along the northerly right of way of Filbert Street South 88°39’51” East 156.72 feet to the POINT OF BEGINNING; Thence from said POINT OF BEGINNING, leaving said northerly right of way of Filbert Street North 00°00’00” West 173.62 feet to the easterly right of way line of the Abandoned Southern Pacific Railroad as shown on said “Official Map of Section 22”; Thence along said easterly right of way of the Abandoned Southern Pacific Railroad the following four courses: 1) North 56°52’00” East 3.47 feet; 2) North 55°11’00” East 101.39 feet; 3) North 53°25’00” East 101.64 feet; 4) North 51°40’00” East 71.02 feet; Thence leaving said easterly right of way line of the Abandoned Southern Pacific Railroad, South 00°35’42” West 224.25 feet to the northeast corner of Lot 21 of Sunland Acres Subdivision Unit 3; Thence along the east line of said Lot 21 South 00°35’42” West 118.94 to the southeast corner of Lot 21 and the northerly right of way of Filbert Street; Thence along said northerly right of way of Filbert Street North 88°39’51” West 219.97 feet to the POINT OF BEGINNING.
RESULTANT PARCEL THREE
All that real property described in the grant deed to Holly Fisher and Joshua Fisher, dated October 11, 2019, recorded in Document No. 2019-0045149, Official Records of Butte County, being all of Lot 20, as shown on that certain map entitled “Sunland Acres Subdivision Unit 3”, in Book 58 of Maps, Page 60-61, and a portion of Lot 17, as shown on that certain map entitled “Official Map of Section 22, Township 22 North, Range 3 East, M.D.B. & M., in Book ‘B’ of Maps, Page 33, Butte County Records, more particularly described as follows:
BEGINNING at the southwest corner of Lot 20, as designated on said map entitled “Sunland Acres Subdivision Unit 3”; Thence from said POINT OF BEGINNING, along the northerly right of way of Filbert Street along the arc of a curve to the right with a radius of 80.00 feet through a central angle of 42°43’58’ for an arc length of 59.67 feet; Thence leaving said northerly right of way of Filbert Street North 44°04’29” East 196.85 feet to the northeast corner of Lot 20; Thence along the north line of Lot 20, North 90°00’00” West 20.88 feet; Thence leaving said north line of Lot 20, North 00°35’42” East 371.36 feet to the easterly right of way line of the Abandoned Southern Pacific Railroad as shown on said “Official Map of Section 22”; Thence along said easterly right of way of the Abandoned Southern Pacific Railroad the following 3 courses: 1) South 47°46’00” West 93.42 feet; 2) South 49°41’00” West 101.70 feet; 3) South 51°40’00” West 29.84 feet; Thence leaving said easterly right of way line of the Abandoned Southern Pacific Railroad, South 00°35’42” West 224.25 feet to the northwest corner of Lot 20 of “Sunland Acres Subdivision Unit 3; Thence along the west line of said Lot 20 South 00°35’42” West 118.94 to the southwest corner of Lot 20 and the northerly right of way of Filbert Street and the POINT OF BEGINNING. 94 95
Town of Paradise
Council Agenda Summary
Date: September 12, 2023
Agenda Item: 6(a)
ORIGINATED BY: Susan Hartman, Community Development
Director – Planning & Wastewater
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Consider Revisions to the Town of Paradise Local Agency Management Program (LAMP) Pertaining to
Septic System Setbacks from Utilities.
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Consider adopting Town of Paradise Resolution No. 2023-_____, “A Resolution of the Town Council of the Town of Paradise Amending the Local Agency Management Program (LAMP) Relating to Onsite Sewage Disposal Regulations.” (ROLL CALL VOTE)
Background:
On June 19, 2012, the State Water Resources Control Board (State Board) adopted policy for the Design, Operation, and Maintenance of Onsite Wastewater Treatment Systems (State Policy).
The State Policy requires all onsite wastewater jurisdictions in the State of California to implement a prescribed body of onsite regulations known as Tier I requirements upon all onsite wastewater treatment system construction; or, to propose their own set of prescribed requirements under the Tier II provision of the Policy. Tier II requirements must be approved by the State Board as a Local Agency Management Program (LAMP).
Since 1995, the Town of Paradise has developed a very comprehensive and protective body of regulations that govern onsite wastewater system construction. These regulations are in the Paradise Municipal Code (PMC) and in the Town of Paradise Manual for the Onsite Treatment of Wastewater (Manual) and are tailored to the unique geographic and hydrological conditions of the Town as well as to the Town's infrastructure and administrative processes. Together, these regulations comprise the Town’s Tier II LAMP policy document which was adopted by the State Board in December 2016.
Within the LAMP is located Table 3.1 Required Setbacks. This table details certain conditions that septic tanks and/or dispersal fields must maintain a stated setback from. Pre-fire, the California Code of Regulations § 64572 was amended, requiring a 25’ horizontal separation from a public water main to “the nearest edge of any cesspool, septic tank, sewage leach field, seepage pit, underground hazardous material storage tank, or groundwater recharge project site” regardless of if the septic construction is new or a repair. Currently, the LAMP only calls out for a 10’ horizontal separation from a public water main when the septic work (tank and/or dispersal field) 96 is a repair. While the State’s more restrictive setbacks are imposed in the meantime, the Town does need to update the LAMP both locally and through the State Board to reflect this new minimum State standard.
In addition, with the post-fire undergrounding of utilities, it has been noted that the LAMP Is silent on septic system setbacks from underground gas and electric utilities though it is standard industry practice to maintain 10’ of separation between the two since conduit connections are not airtight allowing sewage in the soil to enter the conduit and create an unsafe condition. The setback is even enumerated within PG&E’s green book which governs underground gas and electrical service installations. As such, staff would request that this long-standing industry practice be codified in the setbacks listed within the LAMP.
Analysis:
The change in the water main setback was brought to staff’s attention from the local water purveyor, Paradise Irrigation District, with the request that the Town update its adopted regulations, as they are causing confusion and contractor disputes in the field and begin enforcing said regulation.
Underground utility setbacks came to the forefront post-fire when standing homes with existing septic systems were having their utilities undergrounded as well as new homes under construction. PG&E staff were in constant interaction with town staff regarding septic system locations to make sure necessary setbacks, in accordance with PG&E’s green book, were being maintained. Moving forward, as existing septic systems fail and need to be replaced, codified setbacks must be in place to ensure that future septic repairs are not encroaching within the safe distance from the now undergrounded utilities.
To achieve these objectives, the proposed changes to the LAMP are as follows:
1. Water main setbacks (public):
Change the setbacks listed for septic tanks and dispersal fields to a public water main to 25’ across the board, consistent with state law, instead of listing different setbacks for new construction versus repairs.
2. Underground utilities:
Add a new setback listing for underground utilities showing a 10’ setback from both septic tanks and dispersal fields.
3. Setback footnotes:
Add a new footnote to the setback table specifying that the setback also applies to the edge of a utility easement since PID and PG&E have rights to the full width of the easement.
Financial Impact:
There is no General Fund financial impact for the adoption of the proposed Resolution. Any subsequent publication costs would be borne by the Enterprise Fund. 97 TOWN OF PARADISE
RESOLUTION NO. 2023-____
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE AMENDING TABLE 3.1 OF THE TOWN OF PARADISE MANUAL FOR THE
ONSITE TREATMENT OF WASTEWATER LOCATED WITHIN THE
LOCAL AGENCY MANAGEMENT PROGRAM
WHEREAS, The State Water Resources Control Board adopted Resolution No. 2012-0032 which allowed Local Agencies to propose Local Agency Management Programs for the siting, design, operation, and maintenance of Onsite Wastewater Treatment Systems for California Regional Water Quality Control Board approval as conditional waivers of Waste Discharge Requirements; and, WHEREAS, The Regional Water Quality Control Board Central Valley Region approved the Town of Paradise Local Agency Management Program in a public meeting on December 6, 2016; and,
WHEREAS, The Town of Paradise desires to make amendments to the required septic system setbacks listed within the Local Agency Management Program for subsequent review and approval by the Regional Water Quality Control Board; and,
NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of Paradise that:
1. The changes and additions made to Chapter 3, Table 3.1, of the Town of Paradise Manual for the Onsite Treatment of Wastewater located within the Local Agency Management Program, attached as Exhibit “A”, be adopted.
2. That this resolution shall become effective September 12, 2023.
PASSED AND ADOPTED by the Town Council of the Town of Paradise this 12th day of September, 2023 by the following vote:
AYES:
NOES:
ABSENT:
NOT VOTING:
Greg Bolin, Mayor
ATTEST:
By:
Dina Volenski, Town Clerk
APPROVED AS TO FORM:
By:
Scott E. Huber, Town Attorney
98 Exhibit “A”
Table 3.1
REQUIRED SETBACKS
Setback requirements are minimum and may be altered for wastewater flows over 2500gpd as determined by the Onsite Sanitary Official
Setback, ft
Condition A1Disperal
fields, etc.
B2Septic
tanks, etc.
Wells, whether in use or abandoned, excluding shallow
aquifer, non-permanent groundwater monitoring wells
associated with hazardous substance investigation
sites. Properly destroyed wells are exempt from
setbacks
100
150 ft
for Public
water
wells
50 150 ft for
Public
water
wells
Surface waters:3
perennial (all year) streams, springs or seeps4
intermittent (part of year) streams, springs or seeps
ravine, drainageway or ephemeral stream
lakes and reservoirs5
100
50 50
200
50 50
50 50
Groundwater interceptors such as French drain or
curtain drain used to collect groundwater:
upgradient (the interceptor is upgradient)
downgradient (the interceptor is downgradient)
20 505
20 25
Irrigation canals:
lined (watertight canal)
unlined
upgradient
downgradient
50 100
100
25 50
50 Cuts exceeding 30%, downslope from a dispersal field, in excess of 30 in. (top of cut):
– intersects layers that limit effective soil depth
within 48 in. of surface
– does not intersect layers that limit effective soil
depth
Four times
height of
cut7
10 10
10 Fill downslope from a dispersal field, trenches. Fill must be on top of a native soil surface with over 30%
slope 7,8
Four x’s
height of
fill7
10 99
Setback, ft
Condition A1Disperal
fields, etc.
B2Septic
tanks, etc.
Escarpment (a steep slope or cliff, over 30% slope,
that makes a boundary to a flat or gently sloped upland area) downslope from a dispersal field :
50 10
Roadway setback, from road or street edge 209 209
Property lines 5 5
Swimming pool 5 5
Water lines (service line off water main) 5 5
Water main (public) - New construction / Repairs 2514/10 251410/10 Water main (private)
10 10
Driveway or parking area 0
10 011
Foundations, building peers, foundation lines of any
building or structure
5 12 512
Dispersal trench (from the sidewall) Narrow dispersal
trenches are exempt as per Section 4.4
8 5
Storm water drainage pipe 2513 5
13 Storm Water Retention/Detention Basins 50 50
Underground utility
1014 1014
1 A= From wastewater dispersal fields or infiltrative surfaces, including dispersal field replacement areas
2 B = From septic tanks dosing tanks, treatment units and distribution units of over 20-gallon capacity
3 Does not prevent stream crossing in approved piping systems; culverting these drainage ways will not be allowed to reduce these setback requirements 4 When a perennial stream, spring or seep is upgradient and higher in elevation the setback to "A" or "B" may be reduced to 50 feet
5 Any impounded body of water with no less than one-acre foot of water 6 Twenty feet if an impermeable barrier is supplied with the drain 7 Four times the height of the bank, measured from the top edge of bank (with a 50 foot maximum distance)
8 For existing dispersal field repairs where no other option is available earthen fill areas may be exempt from this setback requirement if the fill has been in 100
place for over 5 years, has been adequately evaluated by a qualified designer and has demonstrated compatibility with underlying soils. Native soils underneath fill areas may also be used for dispersal fields if they are properly evaluated by a qualified designer and necessary system controls/mitigations are designed into the wastewater treatment and dispersal system 9 If an existing public road right-of-way or public utility easement exceeds the twenty-foot setback a greater setback distance is required. A lesser setback distance to the edge of the road is allowed when information is provided that demonstrates the location of the public road right of way or public utility easement is less than 20 feet. In no instance shall a septic tank, etc., or dispersal field, etc., be allowed to be constructed in a public road right of way or public utility easement.
10 Only if percolation rate is less than thirty minutes per inch 11 Only if access risers are provided and a minimum one-foot of total cover is provided over the septic tank. New installations in vehicle areas require trafficrated septic tanks 12 Including non-slab porches and steps whether covered or uncovered, breezeways, roofing structures, carports, and similar structures or appurtenances. Small cement porches and steps that do not serve as foundations for overhead structures are exempt from these setback requirements
13 Greater or lesser distances may be required depending on site characteristics.
Lesser distances may be allowed for storm drains that flow only during rain events and are engineered to eliminate effluent infiltration and preferential pathways
14 If the utility and/or water main is within a utility easement, the setback is measured from the edge of the easement
101
Town of Paradise
Council Agenda Summary
Date: September 12, 2023
Agenda Item: 6(b)
ORIGINATED BY: Jessica Erdahl, Sr. Capital Projects Manager REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Interim Striping Safety Project 2023– PSE Approval and Authorize Advertisement for Bids.
LONG TERM
RECOVERY PLAN:
Yes, Tier 1, Evacuation Routes
COUNCIL ACTION REQUESTED:
1. Consider concurring with staff recommendation to file a CEQA Notice of Exemption for the Interim Striping Safety Project 2023; and,
2. Adopt Resolution No. 2023- , “A Resolution of the Town Council of the Town of Paradise Approving the Plans and Specifications for the Interim Striping Safety Project 2023 and Authorizing Advertisement for Bids on the Project.” (ROLL CALL VOTE) Background:
As an interim safety project, staff has identified portions of Skyway, Bille Road, Oliver Road, Valley View Drive, Honey Run Road, Foster Road, Academy Drive, North and Middle Libby Road, and Rocky Lane for thermoplastic long-line striping, and three intersections in need of thermoplastic markings. A project exhibit is included in this Agenda Summary.
The list of streets and intersections in need of striping/marking, Town-wide, is extensive. This interim safety project will address the highest priority areas, evacuation routes, in order to ensure safety for drivers and pedestrians. The approved On and Off-System Road Rehabilitation projects, will replace thermoplastic striping and markings on all federal-aid roads throughout the Town.
Analysis:
Staff has prepared the plans, specifications, and cost estimate for the Interim Safety Striping and Marking Improvement Project. With Council approval of the plans and specifications and authorization to advertise for bids, staff proposes the following schedule:
Advertise for bid: September 13 – September 25, 2023
Award Contract: October 10, 2023
Construction: Fall 2023
The plans and specifications for the project are on file in the Public Works office for review.
Financial Impact:
Funding for the Interim Safety Striping and Marking Improvement Project is proposed to come from local transportation funds (Transit). The total estimated construction and construction management cost is $100,000. A detailed project accounting description will be made available at the time of contract award.
102
Environmental Review:
The CEQA process requires the lead agency to examine the project proposal and evaluate potential impacts. Staff has evaluated the subject project thoroughly and found that the project is exempt under State CEQA Guidelines [Section 15301(c) – Existing Facilities] which states:
Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The types of “existing facilities” itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of use.
(c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes).
Based on CEQA Section 15301(c), staff is requesting the Council to concur and approve for filing the Notice of Exemption with the Butte County Recorder’s Office.
Attachments:
A. Resolution
B. 2023 Project Vicinity Map
103
1 TOWN OF PARADISE
RESOLUTION NO. 2023- ___
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PARADISE APPROVING THE PLANS AND SPECIFICATIONS
FOR THE INTERIM STRIPING SAFETY PROJECT 2023 AND
AUTHORIZING ADVERTISEMENT FOR BIDS ON THE PROJECT
WHEREAS, staff has identified portions of Skyway, Bille Road, Oliver Road, Valley View Drive, Honey Run Road, Foster Road, Academy Drive, North and Middle Libby Road, and Rocky Lane for thermoplastic long-line striping, and three intersections in need of thermoplastic markings: and,
WHEREAS, maintenance of the Town’s traffic striping and markings is critical to public safety; and,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Paradise as follows:
Section 1. The design, plans, specifications and estimates for the Interim Striping Safety Project 2023 described in the Town Council Agenda Summary for this Resolution are hereby approved.
Section 2. The Public Works Department is authorized to advertise the Interim Striping Safety Project 2023.
Section 3. The Interim Striping Safety Project 2023 is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Code of Regulations Section 15301.
PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 12th day of September 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
104
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
J ERDAHL
AUGUST 2023
PROJECT LOCATION
MAP
IINNTTEERRIIMM SSAAFFEETTYY SSTTRRIIPPIINNGG && MMAARRKKIINNGG IIMMPPRROOVVEEMMEENNTT PPRROOJJEECCTT -- 22002233
VVIICCIINNIITTYY MMAAPP
TOWN OF PARADISE
PUBLIC WORKS DEPARTMENT
5555 Skyway Road
Paradise, California 95969
±
0 0.5 1
Miles
Legend
Town Limits
Striping Project - Thermo 2023
BILLE RD -3602 LF
Detail 21
Detail 27B
Detail 27C
SKYWAY - 5988 LF
Detail 8
Detail 21
Detail 27B
Detail 27C
Detail 31
Detail 38A
HONEY RUN RD - 2248 LF
Detail 21
Detail 27B
OLIVER RD - 3835 LF
Detail 21
Detail 27B
Detail 27C
ROCKY LN -2503 LF
Detail 21
Detail 27B
Detail 27C
N LIBBY RD - 3928 LF
Detail 21
Detail 27B
Detail 27C
M LIBBY RD - 1385 LF
Detail 21
ACADEMY DR - 1333 LF
Detail 21
FOSTER RD - 6436 LF
Detail 21
Detail 27B
VALLEY VIEW - 5508 LF
Detail 21
Detail 27B
Detail 27C
105
Town of Paradise
Council Agenda Summary
Date: September 12, 2023
Agenda Item: 6(c)
ORIGINATED BY: Marc Mattox, Public Works Director
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Evacuation Zone Sign Project – PSE Approval and Authorize Advertisement for Bids.
LONG TERM
RECOVERY PLAN:
Yes, Tier 1, Evacuation Routes
COUNCIL ACTION REQUESTED:
1. Consider concurring with staff recommendation to file a CEQA Notice of Exemption for the Evacuation Zone Sign Project; and,
2. Adopt Resolution No. 2023-___, “A Resolution of the Town Council of the Town of Paradise Approving the Plans and Specifications for the Evacuation Zone Sign Project and Authorizing Advertisement for Bids on the Project.” (ROLL CALL VOTE) Background:
As component of the Town’s efforts to increase safety and awareness of evacuation zones in Paradise, staff has prepared a project to deploy roadside signs which notify motorists of the changes in evacuation zones throughout Town. A project exhibit is included in this Agenda Summary.
Understanding evacuation zones is especially critical for individual’s residence, however, in an actual emergency, many may not know the spatial layout of evacuation zones elsewhere. The intent of the roadside signs planned will be to notify the motorist of the zone entering and leaving at designated locations, similar to Tsunami Hazard areas along coastlines. Lastly, installation of roadside signs will increase the versatility of the Town’s Early Warning Sirens, allowing for specific zone information to be communicated more broadly, as needed. An example sign is shown below:
106
Analysis:
Staff has prepared the plans, specifications, and cost estimate for the Evacuation Zone Sign Project. The total project includes the installation of 86 new roadside signs. Sign locations were chosen based on primary collectors and arterials with evacuation zone changes. A general map of the proposed sign locations and evacuation zones in Paradise is shown below:
With Council approval of the plans and specifications and authorization to advertise for bids, staff proposes the following schedule:
Advertise for bid: September 13 – September 25, 2023
Award Contract: October 10, 2023
Construction: Fall 2023
The plans and specifications for the project are on file in the Public Works office for review.
Financial Impact:
Funding for the Evacuation Zone Sign Project is proposed to come from local gas tax funds. The total estimated construction and construction management cost is $100,000. A detailed project accounting description will be made available at the time of contract award.
Environmental Review:
The CEQA process requires the lead agency to examine the project proposal and evaluate potential impacts. Staff has evaluated the subject project thoroughly and found that the project is exempt under State CEQA Guidelines [Section 15301(c) – Existing Facilities] which states:
Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The types of “existing facilities” itemized below are not intended to be all-inclusive of the types of projects which might 107
fall within Class 1. The key consideration is whether the project involves negligible or no expansion of use.
(c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes).
Based on CEQA Section 15301(c), staff is requesting the Council to concur and approve for filing the Notice of Exemption with the Butte County Recorder’s Office. 108
TOWN OF PARADISE
RESOLUTION NO. 2023-___
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PARADISE APPROVING THE PLANS AND SPECIFICATIONS
FOR THE EVACUATION ZONE SIGN PROJECT AND
AUTHORIZING ADVERTISEMENT FOR BIDS ON THE PROJECT
WHEREAS, staff has identified project to deploy roadside signs which notify motorists of the changes of evacuation zones throughout Town; and, WHEREAS, understanding evacuation zones is especially critical for individual’s residence, however, in an actual emergency, many may not know the spatial layout of evacuation zones elsewhere. The intent of the roadside signs planned will be to notify the motorist of the zone entering and leaving at designated locations, similar to Tsunami Hazard areas along coastlines; and, WHEREAS, installation of roadside signs will increase the versatility of the Town’s Early Warning Sirens, allowing for specific zone information to be communicated more broadly, as needed; and,
NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of Paradise that:
Section 1. The design, plans, specifications and estimates for the Evacuation Zone Sign Project described in the Town Council Agenda Summary for this Resolution are hereby approved.
Section 2. The Public Works Department is authorized to advertise the Evacuation Zone Sign Project.
Section 3. The Evacuation Zone Sign Project is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Code of Regulations Section 15301.
PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 12th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
109
TOWN OF PARADISE
RESOLUTION NO. 2023-___
2 By:
Greg Bolin, Mayor
ATTEST:
Dina Volenski, CMC, Town Clerk
APPROVED AS TO FORM:
Scott E. Huber, Town Attorney
110
Town of Paradise
Council Agenda Summary
Date: September 12, 2023
Agenda Item: 6(d)
ORIGINATED BY: Marc Mattox, Public Works Director
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Town of Paradise 2023 Engineering and Traffic Survey
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Consider waiving the first reading of Town Ordinance No. 629 and read by title only; and,
2. Introduce Ordinance No. 629 “An Ordinance of the Town Council of the Town of Paradise Amending Paradise Municipal Code Section 10.02.060 Regarding Vehicular Speed Limits.” (ROLL CALL VOTE)
Background:
The California Vehicle Code (CVC) provides a basic speed law that states that no person shall drive at a speed greater than which is reasonable and prudent having due regard for weather, visibility, traffic and the surface and width of the street, and in no event at a speed which endangers the safety of persons or property. The CVC also contains a prima facie speed law that specifies a definite speed limit for very specific conditions.
Section 22352, Prima Facie Speed Limits of the CVC details speed limits assigned to appropriate conditions. Twenty-five miles per hour (25 MPH) is the default speed limit on any highway other than a state highway, in any business or residential district unless a different speed is determined by local authority under procedures set forth in the CVC. This default prima facie speed limit is not required to be posted to be enforced.
Section 22357 grants local jurisdictions authority to increase the default speed limit, as shown below:
Whenever a local authority determines upon the basis of an engineering and traffic survey that a speed greater than 25 miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon any street other than a state highway otherwise subject to a prima facie limit of 25 miles per hour, the local authority may by ordinance determine and declare a prima facie speed limit of 30, 35, 40, 45, 50, 55, or 60 miles per hour or a maximum speed limit of 65 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe.
The Town of Paradise has the responsibility and duty of studying, recommending, constructing and maintaining traffic control measures for public roadways within the Town limits. The Town Council is required to legally establish speed limits defined by local ordinances in concurrence with the California Vehicle Code (CVC) and the California Manual of Uniform Traffic Control 111
Devices (MUTCD). The method of establishing radar-enforceable speed limits is through the completion of engineering and traffic surveys for desired roadway segments.
The previous Engineering and Traffic Survey was approved by Town Council in January 2014.
CVC provisions require Engineering and Traffic Surveys to be updated no less than every seven to ten years.
Analysis:
Using procedures set forth by the CVC and MUTCD, staff has prepared the 2023 Engineering and Traffic Survey which includes findings and recommendations for 47 different speed zones primarily along collectors, arterials and principal arterials in the Town of Paradise.
Survey procedures require detailed examination of each roadway segment, specifically studying the following:
1. Prevailing vehicle speeds (free flow)
2. Collision history
3. Conditions not readily apparent to the driver
4. Pedestrian and bicyclist safety
5. Residential Districts
6. Narrow Road Widths
Following a detailed analysis of the above criteria, staff has recommended three (3) total adjustments from currently posted and Council approved speed limits, as follows:
Segment No. 2, Bille Road between Skyway and Clark Road Current Speed Limit: 30 MPH
85th Percentile Speed: 40 MPH
Recommended Speed Limit: 35 MPH
Justification: This segment qualifies as a CVC 627 Residential District. Other factors considered include presence of vertical curves, perpendicular crossing of the Memorial Trailway, lack of pedestrian and bicycle facilities, frequency of driveway encroachments, presence of observed pedestrians and bicyclists and an above average collision rate.
Segment No. 34, Skyway (Westbound) between Town Limits and Princeton Way Current Speed Limit: 45 MPH
85th Percentile Speed: 57.40 MPH
Recommended Speed Limit: 50 MPH
Justification: This segment qualifies for a reduced speed limit in consideration of lack of acceleration and deceleration lanes, tapers, shoulders and frequency of encroachments within a high-speed area.
Segment No. 37, Skyway between Elliott Road and Bille Road Current Speed Limit: 30 MPH
85th Percentile Speed: 37 MPH
Recommended Speed Limit: 35 MPH
Justification: This segment warrants consideration for a standard speed limit based upon the 85th percentile speed due to the roadway characteristics and improvements to unsignalized marked crosswalks.
112
A list of all recommended speed limits in Town Limits is provided below:
Segment
ID Primary Street Start End Recommended Speed Limit
1 Bille Road Cliff Drive Skyway 30
2 Bille Road Skyway Clark Road 351
3 Bille Road Clark Road Pentz Road 30
4 Buschmann Road Foster Road Clark Road 30
5 Central Park Drive Maxwell Drive Clark Road 30
6 Clark Road Skyway Wagstaff Road 35
7 Clark Road Wagstaff Road Bille Road 35
8 Clark Road Bille Road Elliott Road 35
9 Clark Road Elliott Road Pearson Road 35
10 Elliott Road Skyway Clark Road 30
11 Elliott Road Clark Road Sawmill Road 30
12 Foster Road Buschmann Road Roe Road 30
13 Foster Road Roe Road Town Limits 30
14 Honey Run Road Skyway Honey View Terrace 25
15 Neal Road Skyway Roe Road 30
16 Neal Road Roe Road Town Limits 35
17 Nunneley Road Academy Drive Clark Road 35
18 Nunneley Road Clark Road Sawmill Road 30
19 Oliver Road Skyway Castle Drive 25
20 Oliver Road Castle Drive Wagstaff Road 30
21 Pearson Road Skyway Black Olive Drive 30
22 Pearson Road Black Olive Drive Clark Road 30
23 Pearson Road Clark Road Butte View Terrace 35
24 Pearson Road Butte View Terrace Pentz Road 35
25 Pentz Road Skyway Wagstaff Road 35
26 Pentz Road Wagstaff Road Bille Road 35
27 Pentz Road Bille Road Del Rio Way 35
28 Pentz Road Del Rio Way Pearson Road 35
29 Pentz Road Pearson Road Town Limits 35
30 Rocky Lane Skyway Wagstaff Road 30
31 Roe Road Neal Road Foster Road 30
32 Sawmill Road Bille Road Pearson Road 30
33 Skyway Eastbound Town Limits Princeton Way 50
34 Skyway Westbound Town Limits Neal Road 501
35 Skyway Neal Road Pearson Road 35
36 Skyway Pearson Road Elliott Road 30
37 Skyway Elliott Road Bille Road 351
38 Skyway Bille Road Wagstaff Road 35
39 Skyway Wagstaff Road Rocky Lane 35
40 Skyway Rocky Lane Clark Road 35
41 Skyway Clark Road Pentz Road 35
113
42 Stearns Road De Mille Road County Club Drive 30
43 Valley View Drive Oliver Road End 30
44 Wagstaff Road Oliver Road Skyway 30
45 Wagstaff Road Skyway Clark Road 30
46 Wagstaff Road Clark Road Pentz Road 30
47 Skyway Neal Road Princeton Way 45
1 = +5MPH Speed Limit Increase
The complete 2023 Engineering & Traffic Survey is attached to this report for review.
Financial Impact:
None at this time.
Alternatives:
Reject, modify or delay recommended action.
114
1 TOWN OF PARADISE
ORDINANCE NO. 629
AN ORDINANCE OF THE TOWN COUNICL OF THE
TOWN OF AMENDING SECTION 10.02.060 OF THE
PARADISE MUNICIPAL CODE REGARDING VEHICULAR
SPEED LIMITS
The Town Council of the Town of Paradise, State of California does ordain as follows:
SECTION 1: Section 10.02.060 of the Paradise Municipal Code is hereby amended to read as follows:
A. The town council establishes a prima facie speed limit of twenty-five miles per hour for all town maintained public roads not listed or otherwise set forth in this chapter.
B. In accordance with Section 22352 of the California Vehicle Code, the following established school zones shall have a prima facie speed limit of twenty-five miles per hour anytime children are present:
1. Buschmann Road, from Scottwood Road to Clark Road.
2. Pearson Road, from Academy Drive to Clark Road.
3. Recreation Drive, from Buschmann Road north five hundred thirty feet (to end of town-maintained road).
4. Maxwell Drive, from Elliott Road to Central Park Drive.
5. Pentz Road, from Merrill Road to Dean Road.
6. Pentz Road, from Bille Road to Wagstaff Road.
C. The town council also establishes posted speed limits on certain highways as follows:
Segment
ID Primary Street Start End RecommendedSpeed Limit
1 Bille Road Cliff Drive Skyway 30
2 Bille Road Skyway Clark Road 35
3 Bille Road Clark Road Pentz Road 30
4 Buschmann Road Foster Road Clark Road 30
5 Central Park Drive Maxwell Drive Clark Road 30
6 Clark Road Skyway Wagstaff Road 35
7 Clark Road Wagstaff Road Bille Road 35
8 Clark Road Bille Road Elliott Road 35
9 Clark Road Elliott Road Pearson Road 35
10 Elliott Road Skyway Clark Road 30
115
2 11 Elliott Road Clark Road Sawmill Road 30
12 Foster Road Buschmann Road Roe Road 30
13 Foster Road Roe Road Town Limits 30
14 Honey Run Road Skyway Honey View Terrace 25
15 Neal Road Skyway Roe Road 30
16 Neal Road Roe Road Town Limits 35
17 Nunneley Road Academy Drive Clark Road 35
18 Nunneley Road Clark Road Sawmill Road 30
19 Oliver Road Skyway Castle Drive 25
20 Oliver Road Castle Drive Wagstaff Road 30
21 Pearson Road Skyway Black Olive Drive 30
22 Pearson Road Black Olive Drive Clark Road 30
23 Pearson Road Clark Road Butte View Terrace 35
24 Pearson Road Butte View Terrace Pentz Road 35
25 Pentz Road Skyway Wagstaff Road 35
26 Pentz Road Wagstaff Road Bille Road 35
27 Pentz Road Bille Road Del Rio Way 35
28 Pentz Road Del Rio Way Pearson Road 35
29 Pentz Road Pearson Road Town Limits 35
30 Rocky Lane Skyway Wagstaff Road 30
31 Roe Road Neal Road Foster Road 30
32 Sawmill Road Bille Road Pearson Road 30
33 Skyway Eastbound Town Limits Princeton Way 50
34 Skyway Westbound Town Limits Neal Road 50
35 Skyway Neal Road Pearson Road 35
36 Skyway Pearson Road Elliott Road 30
37 Skyway Elliott Road Bille Road 35
38 Skyway Bille Road Wagstaff Road 35
39 Skyway Wagstaff Road Rocky Lane 35
40 Skyway Rocky Lane Clark Road 35
41 Skyway Clark Road Pentz Road 35
42 Stearns Road De Mille Road County Club Drive 30
43 Valley View Drive Oliver Road End 30
44 Wagstaff Road Oliver Road Skyway 30
45 Wagstaff Road Skyway Clark Road 30
46 Wagstaff Road Clark Road Pentz Road 30
116
3 47 Skyway Neal Road Princeton Way 45
SECTION 2: 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 shall be published with the names of the members of the Town Council voting for and against it in a newspaper of general circulation published in the Town of Paradise, California.
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:
NOT VOTING:
___________________________, Mayor
ATTEST:
By: _____________________________
Dina Volenski, Town Clerk
APPROVED AS TO FORM:
By:______________________________
Scott Huber, Town Attorney
117
The undersigned hereby certifies that this is a
full, true, and correct copy of the Engineering
and Traffic Survey of the Town of Paradise.
_________________________________________
Marc A. Mattox, Town Engineer
_________________________________________
Date
TOWN OF PARADISE
Engineering & Traffic Survey
February 2024
118
119
Town of Paradise 1
2023 Engineering and Traffic Survey
TABLE OF CONTENTS
Introduction and Summary.................................................................................................................................................3 Engineering & Traffic Survey Procedure.........................................................................................................................4 Findings and Recommendations .......................................................................................................................................9 Appendix A: Engineering & Traffic Survey Summary Matrix ..................................................................................13 Appendix B: Engineering & Traffic Survey Data Sheets ............................................................................................17 Appendix C: California Vehicle Code Sections on Speed Laws ..............................................................................113 Appendix D: California MUTCD – Speed Limit Sign Requirements .....................................................................118 120
Town of Paradise
2 2023 Engineering and Traffic Survey 121
Town of Paradise 3
2023 Engineering and Traffic Survey
INTRODUCTION AND SUMMARY
The California Vehicle Code (CVC) provides a basic speed law that states that no person shall drive at a speed greater than which is reasonable and prudent having due regard for weather, visibility, traffic and the surface and width of the street, and in no event at a speed which endangers the safety of persons or property.
The CVC also contains a prima facie speed law that specifies a definite speed limit for very specific conditions.
Section 22352, Prima Facie Speed Limits of the CVC details speed limits assigned to appropriate conditions.
Twenty-five miles per hour (25 MPH) is the default speed limit on any highway other than a state highway, in any business or residential district unless a different speed is determined by local authority under procedures set forth in the CVC. This default prima facie speed limit is not required to be posted to be enforced.
Section 22357 grants local jurisdictions authority to increase the default speed limit, as shown below:
Whenever a local authority determines upon the basis of an engineering and traffic survey that a speed greater than 25 miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon any street other than a state highway otherwise subject to a prima facie limit of 25 miles per hour, the local authority may by ordinance determine and declare a prima facie speed limit of 30, 35, 40, 45, 50, 55, or 60 miles per hour or a maximum speed limit of 65 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe.
The Town of Paradise has the responsibility and duty of studying, recommending, constructing and maintaining traffic control measures for public roadways within the Town limits. The Town Council is required to legally establish speed limits defined by local ordinances in concurrence with the CVC and the California Manual of Uniform Traffic Control Devices (MUTCD). The method of establishing radarenforceable speed limits is through the completion of engineering and traffic surveys for desired roadway segments. This report includes findings and recommendations for 47 different speed zones in the Town of Paradise in conformance with the CVC and MUTCD procedures. 122
Town of Paradise 4
2023 Engineering and Traffic Survey
ENGINEERING AND TRAFFIC SURVEY PROCEDURE
Background
The Town of Paradise has identified 47 local road segments to survey which represent unique locations and road conditions. These segments are primarily collectors and arterials which have higher traffic volumes and require speed enforcement. Preparation of this Engineering & Traffic Survey follows procedures of the California Manual of Uniform Traffic Control Devices (MUTCD), as listed below:
1. Collect free-flow speed data
2. Speed Data Analysis
3. Road Conditions Analysis
a. Conditions not Readily Apparent to the Driver
b. Pedestrian and Bicyclist Safety
c. Residential Districts
d. Narrow Roadway
4. Historical Collision Data
5. Recommended speed limit
1. Data Collection
The Town of Paradise conducted an extensive speed survey at each roadway segment location. Utilizing radar and an unmarked vehicle, the surveys were conducted from an inconspicuous location. The data collection was in conformance with the standard procedures detailed in the MUTCD. The speed measurements were taken on days with fair weather, dry pavement, and clear visibility and are at locations not affected by stop signs or other traffic control devices. As required, a minimum of 50 vehicles were recorded in locations with low volumes and generally more than 100 vehicles were recorded for all other roads.
2. Speed Data Analysis
Field information recorded was inputted in an electronic spreadsheet for speed analysis. The analysis converts the speed information to comparable results to assist with speed limit determinations.
Calculated values included the critical speed, 10 MPH pace, and median speed as described further below:
Critical Speed Also known as the 85th percentile speed, the critical speed represents the maximum speed at which 85 percent of vehicles are driving. Consideration is given to the fact that motorists will drive a speed which they feel is safe and because of this, prevailing speeds have a large role in speed limit determination. In typical circumstances, the nearest 5 MPH increment of the critical speed should be the posted speed limit.
10 MPH Pace The 10 MPH Pace is the 10 MPH range of observed speeds which contains the greatest number of vehicles. Typically, the midpoint of the pace is near the average speed. The pace can also be used as an indicator of uniform traffic flow, which results in increased safety.
123
Town of Paradise 5
2023 Engineering and Traffic Survey
Median Speed The median speed also represents the 50th percentile speed. The median speed is a good check to the final recommended speed limit to determine the current rate of compliance.
3. Road Conditions Analysis
The California Vehicle Code and Manual of Uniform Traffic Control Devices specify other road conditions which should warrant qualitative speed zone consideration. These include conditions which are not readily apparent to the driver, bicyclist and pedestrian safety, residential districts and narrow road widths, further described below:
A. Conditions not Readily Apparent to the Driver
CVC Section 22358.5 states that physical conditions such as width, curvature, grade and surface conditions, or any other condition readily apparent to a driver, in the absence of other factors, would not require special downward speed zoning. While physical conditions present to every motorist impact road safety, these do not warrant speed limit reductions. As a result, only historical collisions further described in Item 4 and known pedestrian bicyclist concentrations are considered conditions not readily apparent to the driver.
B. Pedestrian and Bicyclist Safety
Non-motorized transportation safety is a critical issue in the Town of Paradise. California Vehicle Code Section 627 for Engineering & Traffic Surveys specifies local authorities should also consider pedestrian and bicyclist safety in establishing local speed limits. Research has proven increased speeds directly impact injury severity. Pedestrian fatality rates for vehicle-pedestrian collisions increase from 5% at 20 MPH impact to 85% at 40 MPH impact.
For each survey performed, an assessment was made to identify available pedestrian and bicycle facilities. Unfortunately, the Town of Paradise has few roads which have segregated facilities to accommodate these forms of transportation. Therefore, the presence of pedestrians and bicyclists during the survey was noted and general areas known to contain pedestrian and bicyclist concentrations such as the Yellowstone Kelly Heritage Trailway and school zones were also considered prior to identifying a recommended speed limit.
C. Residential Districts
In addition to pedestrian and bicyclist safety, local jurisdictions may also consider residential density in establishing recommended speed limits. For the purposes of this survey, the residential density for a roadway segment to be considered a residential district are segments which collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses per CVC Section 627. This ratio was converted to 52 residentially zoned properties per mile to evaluate each road segment individually of varying lengths.
Staff utilized available zoning maps to identify residentially zoned roadways for this evaluation.
All segments were evaluated and are shown whether or not the road qualifies as a residential district.
124
Town of Paradise 6
2023 Engineering and Traffic Survey
Of the 47 surveys performed, 23 can be characterized as a residential district. Of the 23 residential districts, only 3 are considered local roads per the California Road System Maps, meaning they are not identified as either major collectors or minor arterials. This is likely unique to the Town of Paradise as most communities’ collectors and arterials front commercial and urbanized properties. It is important to note that the Town’s collectors and arterials also serve as residential roads and the prima facie speed limit of 25 MPH could apply. Understanding that establishing 25 MPH speed limits along these collectors and arterials would yield extremely low rates of compliance, the presence of residential districts only added to the consideration of the final recommended speed limit.
D. Narrow Road Widths
California Vehicle Code Section 22358.3 specifically addresses narrow road widths and grants additional authority to local jurisdictions for reduction of the 25 MPH prima facie speed limit in business or residential districts, or public parks having a roadway not exceeding 25 feet in width.
This section allows for posted speed limits to be lowered to 15 MPH or 20 MPH.
While the Paradise Engineering and Traffic Survey does not propose any 15 MPH or 20 MPH zones, roadway width is noted for each segment to determine if there are any additional safety considerations to be made in establishing the recommended speed limits. Of the 47 segments surveyed, 33 zones have a road width of 25 feet or less. The 20 out of the 23 zones previously mentioned as residential districts also qualify as having narrow road widths. Again, this condition is likely unique to Paradise, where the majority of the Town’s collectors and arterials have narrow road widths between 20-25 feet.
4. Historical Collision Data
Once the data was tabulated, accident history for the various roadway segments was reviewed. The Town of Paradise utilized data compiled in the transportation injury mapping system (TIMS). The most recent collision data available within a five year period was collected and taken into consideration during the final analysis of each individual roadway segment. Because traffic volume data is not currently available for each roadway segment, a calculation was made to compare each zone by collisions per mile. This calculation allows for comparison of collision rates for each road to the average rate of similar roads. Average rates were calculated as shown in Table 1.
Table 1 - Average Collision Rates
Group Average Collision Rate
(collisions/mile)
Principal Arterials
(Skyway, Clark and Pearson) 9.93
General - Arterials, Collectors and
Surveyed Local Roads 2.18
Roads which indicate above average collision rates should have additional safety considerations. 125
Town of Paradise 7
2023 Engineering and Traffic Survey
5. Recommended Speed Limit
As a general rule, the MUTCD specifies speed limits to be posted to the nearest 5 MPH increment from the critical speed (85th Percentile Speed) based on an engineering and traffic survey. Authority is granted to reduce the speed limit by an additional 5 MPH from the critical speed pursuant to the MUTCD.
Eight segments, justified below, have been reduced more than 7.5MPH from the critical speed as follows:
Buschmann Road between Foster Road and Clark Road, the speed limit should be 30 mph because the segment qualifies as a CVC Narrow Roadway and has an above average collision rate. Other factors considered include vertical curves, lack of pedestrian and bicycle facilities, and close proximity to a community park and school. See Segment No. 4. Elliott Road between Clark Road and Sawmill Road, the speed limit should be 30 mph because the segment qualifies as a CVC Narrow Roadway and Residential District. Other factors include an above average collision rate, vertical curves, lack of pedestrian and bicycle facilities, and hidden driveway encroachments. See Segment No. 11.
Pentz Road between Del Rio Way and Pearson Road, the speed limit should be 35 mph because the segment qualifies as a CVC Narrow Roadway and Residential District. Others factors include an above average collision history, lack of pedestrian and bicycle facilities, and hidden driveway encroachments. See Segment No. 28.
Skyway (Westbound) between Princeton Way and Town Limits, the speed limit should be 50 mph because of factors such as lack of shoulders and tapers and hidden driveway encroachments. See Segment No. 34.
Skyway between Wagstaff Road and Rocky Lane, the speed limit should be 35 mph because the segment qualifies as a CVC Narrow Roadway and Residential District. Other factors include an above average collision rate, lack of pedestrian and bicycle facilities, and hidden driveway encroachments. See Segment No. 39.
Skyway between Rocky Lane and Clark Road, the speed limit should be 35 mph because the segment qualifies as a CVC Narrow Roadway. Other factors include horizontal and vertical curves and lack of pedestrian and bicycle facilities. See Segment No. 40. Valley View Drive between Oliver Road and End, the speed limit should be 30 mph because the segment qualifies as a CVC Narrow Roadway and Residential District. Other factors include horizontal and vertical curves, lack of pedestrian and bicycle facilities, and frequency of hidden driveway encroachments. See Segment No. 43.
Wagstaff Road between Skyway and Clark Road, the speed limit should be 30 mph because the segment qualifies as a CVC Narrow Roadway and Residential District. Other factors include vertical curves and frequent hidden driveway encroachments. See Segment No. 45.
A segment summary analysis matrix is shown in Appendix A. Data collection and detailed analysis for each speed zone is shown in Appendix B.
These evaluations considered prevailing speeds, conditions not readily apparent to drivers, pedestrian 126
Town of Paradise 8
2023 Engineering and Traffic Survey
and bicyclist safety, residential districts, narrow road widths and each segment’s collision history.
School Zones
The CVC specifies additional guidelines for speed limits adjacent to school zones. CVC Section 22352 states the prima facie limit shall be twenty-five miles per hour (25 MPH) when approaching or passing a school building or the grounds thereof, contiguous to a highway and posted with a standard "SCHOOL" warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching or passing any school grounds which are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a standard "SCHOOL" warning sign. School zones may be posted as 25mph within 500ft of the nearest contiguous school boundary.
Residential Roads Not Identified in Survey
Residential roads which are not identified in this survey follow California Vehicle Code Section 22352 which states the prima facie limits shall be 25MPH. These residential speed limits are not required to be posted to be legally enforceable.
127
Town of Paradise 9
2023 Engineering and Traffic Survey
FINDINGS AND RECOMMENDATIONS
Town of Paradise identified local roads shall have a prima facie speed limit as shown in Table 1 and Exhibit A, justified by the preparation of this Engineering & Traffic Survey. Data sheets for each segment are shown in Appendix B.
Table 2 – Local Road Speed Limits
Segment
ID Primary Street Start End Recommended Speed Limit
Survey
Page No.
1 Bille Road Cliff Drive Skyway 30 18
2 Bille Road Skyway Clark Road 351 20
3 Bille Road Clark Road Pentz Road 30 22
4 Buschmann Road Foster Road Clark Road 30 24
5 Central Park Drive Maxwell Drive Clark Road 30 26
6 Clark Road Skyway Wagstaff Road 35 28
7 Clark Road Wagstaff Road Bille Road 35 30
8 Clark Road Bille Road Elliott Road 35 32
9 Clark Road Elliott Road Pearson Road 35 34
10 Elliott Road Skyway Clark Road 30 36
11 Elliott Road Clark Road Sawmill Road 30 38
12 Foster Road Buschmann Road Roe Road 30 40
13 Foster Road Roe Road Town Limits 30 42
14 Honey Run Road Skyway Honey View Terrace 25 44
15 Neal Road Skyway Roe Road 30 46
16 Neal Road Roe Road Town Limits 35 48
17 Nunneley Road Academy Drive Clark Road 35 50
18 Nunneley Road Clark Road Sawmill Road 30 52
19 Oliver Road Skyway Castle Drive 25 54
20 Oliver Road Castle Drive Wagstaff Road 30 56
21 Pearson Road Skyway Black Olive Drive 30 58
22 Pearson Road Black Olive Drive Clark Road 30 60
23 Pearson Road Clark Road Butte View Terrace 35 62
24 Pearson Road Butte View Terrace Pentz Road 35 64
25 Pentz Road Skyway Wagstaff Road 35 66
26 Pentz Road Wagstaff Road Bille Road 35 68
27 Pentz Road Bille Road Del Rio Way 35 70
28 Pentz Road Del Rio Way Pearson Road 35 72
29 Pentz Road Pearson Road Town Limits 35 74
30 Rocky Lane Skyway Wagstaff Road 30 76
31 Roe Road Neal Road Foster Road 30 78
32 Sawmill Road Bille Road Pearson Road 30 80
33 Skyway Eastbound Town Limits Princeton Way 50 82
128
Town of Paradise 10
2023 Engineering and Traffic Survey
Segment No. Primary Street Start End Recommended
Speed Limit
Survey
Page No.
34 Skyway Westbound Town Limits Neal Road 501 84
35 Skyway Neal Road Pearson Road 35 86
36 Skyway Pearson Road Elliott Road 30 88
37 Skyway Elliott Road Bille Road 351 90
38 Skyway Bille Road Wagstaff Road 35 92
39 Skyway Wagstaff Road Rocky Lane 35 94
40 Skyway Rocky Lane Clark Road 35 96
41 Skyway Clark Road Pentz Road 35 98
42 Stearns Road De Mille Road County Club Drive 30 100
43 Valley View Drive Oliver Road End 30 102
44 Wagstaff Road Oliver Road Skyway 30 104
45 Wagstaff Road Skyway Clark Road 30 106
46 Wagstaff Road Clark Road Pentz Road 30 108
47 Skyway Neal Road Princeton Way 45 110
Notes:
1. Segments which study recommends a 5 MPH increase from 2013 Survey (3 Total)
2. Segments which study recommends a 5 MPH decrease from 2013 Survey (0 Total) The established school zones shall have a prima facie speed limit of 25 MPH anytime children are present, as shown in Table 2.
Table 3 – School Zone Speed Limits
Segment Primary Street Start End Posted
Speed Limit
Children are
Present
Speed Limit
A Buschmann Road Scottwood Road Clark Road 30 25
B Elliott Road Almond Street Maxwell Drive 30 25
C Maxwell Drive Elliott Road Central Park Drive 25 25
D Recreation Drive Buschmann Road Pearson Road 25 25
E Pearson Road Academy Drive Clark Road 30 25
F Pentz Road Merrill Road Dean Road 35 25
G Pentz Road Bille Road Wagstaff Road 35 25
129
130
Town of Paradise 12
2023 Engineering and Traffic Survey 131
Town of Paradise 13
2023 Engineering and Traffic Survey
APPENDIX A
Engineering & Traffic Survey
Summary Matrix
132
Town of Paradise 14
2023 Engineering and Traffic Survey 133
Town of Paradise 15
2023 Engineering and Traffic Survey
ID Primary
Street Limit 1 Limit 2
Current
Posted
Speed Limit
85th
Percentile
Speed
Median
Speed
10 MPH
Pace Low
Limit
10 MPH
Pace High
Limit
Percent in
Pace
CVC 627
Residential
District
CVC 22358.3
Narrow Road
Collision Rate -
General
Collision
Rate -
Arterials
Collision Rate
Above
Average?
Recommended
Speed Limit
Justification Summary
1 Bille Road Cliff Drive Skyway 30 29.90 26 20 30 84% YES YES 1.03 N/A NO 30 85th Percentile 2 Bille Road Skyway Clark Road 30 39.90 37 32 42 83% YES NO 3.61 N/A YES 35 Residential District and Collision
History
3 Bille Road Clark Road Pentz Road 30 36.10 32 27 37 80% YES YES 5.17 N/A YES 30 Residential District, Narrow Road Width
and Collision History
4 Buschmann
Road Foster Road Clark Road 30 38.60 33 27 37 71% NO YES 5.94 N/A YES 30 Narrow Road Width and Collision
History
5 Central Park
Drive Maxwell Drive Clark Road 30 35.80 30 24 34 65% YES YES 1.92 N/A NO 30 Residential District and Narrow Road
Width
6 Clark Road Skyway Wagstaff
Road 35 39.50 35 30 40 83% NO YES N/A 4.29 NO 35 Narrow Road Width 7 Clark Road Wagstaff Road Bille Road 35 38.40 35 29 39 81% NO NO N/A 10.94 YES 35 Collision History 8 Clark Road Bille Road Elliott Road 35 41.80 38 31 41 79% NO NO N/A 5.62 NO 35 Bicyclist and Pedestrian Safety 9 Clark Road Elliott Road Pearson Road 35 39.20 34 30 40 81% NO NO N/A 9.80 NO 35 Bicyclist and Pedestrian Safety 10 Elliott Road Skyway Clark Road 30 33.50 30 24 34 84% NO YES 6.59 N/A YES 30 Collision History, Pedestrian and
Bicyclist Safety
11 Elliott Road Clark Road Sawmill Road 30 39.30 34 30 40 65% YES YES 4.26 N/A YES 30 Residential District, Narrow Road
Width, and Collision History
12 Foster Road Buschmann
Road Roe Road 30 35.40 31 26 36 75% YES YES 3.92 N/A YES 30 Residential District, Narrow Road
Width, and Collision History
13 Foster Road Roe Road Town Limits 30 36.80 32 28 38 71% YES YES 0.00 N/A NO 30 Residential District, Narrow Road
Width, and 10 MPH Pace
14 Honey Run
Road Skyway Honey View Ter. 25 28.70 25 18 28 80% NO YES 4.08 N/A YES 25 Narrow Road Width and Collision
History
15 Neal Road Skyway Roe Road 30 36.10 31 27 37 73% YES YES 0.00 N/A NO 30 Residential District, Narrow Roadway 16 Neal Road Roe Road Town Limits 35 41.60 37 32 42 66% YES NO 1.35 N/A NO 35 Residential District, Narrow Roadway,
Pedestrian/Bicyclist Safety
17 Nunneley
Road
Academy
Drive Clark Road 35 39.00 33 31 41 67% NO NO 1.96 N/A NO 35 Pedestrian/Bicyclist Safety, Presence of
Vertical/Horizontal Curves
18 Nunneley
Road Clark Road Sawmill Road 30 37.00 33 27 37 72% YES YES 1.01 N/A NO 30 Residential District and Narrow Road
Width
19 Oliver Road Skyway Castle Drive 25 31.10 29 23 33 96% NO YES 1.96 N/A NO 25 Narrow Road Width, Presence of
Vertical and Horizontal Curves
20 Oliver Road Castle Drive Wagstaff
Road 30 30.00 25 19 29 77% YES YES 2.82 N/A YES 30 85th Percentile 21 Pearson
Road Skyway Black Olive Drive 30 33.00 29 23 33 81% NO NO N/A 0.00 YES 30 Collision History, Pedestrian and
Bicyclist Safety
22 Pearson
Road
Black Olive
Drive Clark Road 30 37.00
33 27 37 78% NO NO N/A 5.49 YES 30
Collision History, School Zone Present,
Pedestrian Safety
134
Town of Paradise 16
2023 Engineering and Traffic Survey
23 Pearson
Road Clark Road Butte View Terrace 35 38.00 33 29 39 76% NO NO 5.30 N/A YES 35 Collision History, Pedestrian and
Bicyclist Safety
24 Pearson
Road
Butte View
Terrace
Pentz Road 35 32.70 29 23 33 84% NO NO 1.30 N/A NO 35 85th Percentile 25 Pentz Road Skyway Wagstaff
Road 35 41.90 39 33 43 81% NO YES 2.56 N/A YES 35
Narrow Road Width, Pedestrian and
Bicyclist Safety
26 Pentz Road Wagstaff Road Bille Road 35 38.20 34 30 40 74% YES YES 1.96 N/A NO 35 Residential District, Narrow Road
Width, School Zone Present
27 Pentz Road Bille Road Del Rio Way 35 41.20 36 30 40 69% NO YES 2.44 N/A YES 35 Narrow Road Width and Collision
History
28 Pentz Road Del Rio Way Pearson Road 35 43.80 39 34 44 71% YES YES 2.35 N/A YES 35 Residential District, Narrow Road
Width, and Collision History
29 Pentz Road Pearson Road Town Limits 35 38.50 35 30 40 83% YES YES 1.71 N/A NO 35 Residential District and Narrow Road
Width
30 Rocky LaneSkyway Wagstaff
Road 30 31.60 26 20 30 73% YES YES 0.00 N/A NO 30 85th Percentile 31 Roe Road Neal Road Foster Road 30 31.60 27 22 32 75% NO YES 0.00 N/A NO 30 85th Percentile 32 Sawmill Road Bille Road Pearson Road 30 30.50 26 22 32 75% YES YES 2.00 N/A NO 30 85th Percentile 33 Skyway (EB) Town Limits Princeton
Way 50 54.60 51 45 55 78% NO NO N/A 4.35 NO 50
Private driveways, Lacks Shoulders and
Tapers
34 Skyway (WB) Town Limits Neal Road 45 58.40 55 50 60 76% NO NO N/A 4.35 NO 50 Private driveways, Lacks Shoulders and
Tapers
35 Skyway Neal Road Pearson Road 35 41.90 39 32 42 81% NO NO N/A 17.11 YES 35 Collision History, High ADT 36 Skyway Pearson Road Elliott Road 30 36.00 32 27 37 80% NO NO N/A 21.74 YES 30 Collision History, High ADT 37 Skyway Elliott Road Bille Road 30 36.70 34 27 37 83% NO NO N/A 23.30 YES 35 85th Percentile 38 Skyway Bille Road Wagstaff
Road 35 40.50 36 32 42 78% YES NO N/A 4.92 NO 35
Residential District and Pedestrian and
Bicyclist Safety
39 Skyway Wagstaff Road Rocky Lane 35 44.80 41 36 46 82% YES YES N/A 9.26 NO 35 Residential District, Narrow Road
Width, Pedestrian/Bicyclist Safety
40 Skyway Rocky Lane Clark Road 35 43.90 40 35 45 85% NO YES N/A 7.96 NO 35 Narrow Road Width, Horizontal Curves,
Pedestrian/Bicyclist Safety
41 Skyway Clark Road Pentz Road 35 39.10 35 30 40 80% NO YES N/A 22.86 YES 35 Narrow Road Width and Collision
History
42 Stearns Road De Mille Road County Club
Drive 30 31.40 28 22 32 79% YES YES 0.00 N/A NO 30 85th Percentile 43 Valley View
Drive Oliver Road End 30 40.80 35 30 40 68% YES YES 0.00 N/A NO 30 Residential District and Narrow Road
Width
44 Wagstaff
Road Oliver Road Skyway 30 36.00 31 26 36 70% YES YES 1.04 N/A NO 30 Residential District and Narrow Road
Width
45 Wagstaff
Road Skyway Clark Road 30 38.70 33 27 37 75% YES YES 1.20 N/A NO 30 Residential District and Narrow Road
Width
46 Wagstaff
Road Clark Road Pentz Road 30 36.10 32 27 37 79% YES YES 0.00 N/A NO 30 Residential District and Narrow Road
Width
47 Skyway Neal Road Princeton
Way 45 51.10 48 42 52 79% NO NO N/A 6.90 NO 45
Lack of Shoulders, Bicyclist Safety,
Hidden Driveway Encroachments
135
Town of Paradise 17
2023 Engineering and Traffic Survey
APPENDIX B
Engineering & Traffic Survey
Data Sheets
136
Town of Paradise 18
2023 Engineering and Traffic Survey 137
Town of Paradise 19
2023 Engineering and Traffic Survey
Segment 1 – Bille Rd. between Cliff Dr. and Skyway
Bille Rd. Speed Survey Location
Bille Rd. Aerial View
138
Town of Paradise 20
2023 Engineering and Traffic Survey 139
Town of Paradise 21
2023 Engineering and Traffic Survey
Segment 2 - Bille Rd. between Skyway and Clark Rd.
Bille Rd. Speed Survey Location
Bille Rd. Aerial View
140
Town of Paradise 22
2023 Engineering and Traffic Survey 141
Town of Paradise 23
2023 Engineering and Traffic Survey
Segment 3 – Bille Rd. between Clark Rd. and Pentz Rd.
Bille Rd. Speed Survey Location
Bille Rd. Aerial View
142
Town of Paradise 24
2023 Engineering and Traffic Survey 143
Town of Paradise 25
2023 Engineering and Traffic Survey
Segment 4 – Buschmann Rd. between Foster Rd. and Clark Rd.
Buschmann Rd. Speed Survey Location
Buschmann Rd. Aerial View
144
Town of Paradise 26
2023 Engineering and Traffic Survey 145
Town of Paradise 27
2023 Engineering and Traffic Survey
Segment 5 – Central Park Dr. between Maxwell Dr. and Clark Rd.
Central Park Dr. Speed Survey Location
Central Park Dr. Aerial View
146
Town of Paradise 28
2023 Engineering and Traffic Survey 147
Town of Paradise 29
2023 Engineering and Traffic Survey
Segment 6 – Clark Rd. between Skyway and Wagstaff Rd.
Clark Rd. Speed Survey Location
Clark Rd. Aerial View
148
Town of Paradise 30
2023 Engineering and Traffic Survey 149
Town of Paradise 31
2023 Engineering and Traffic Survey
Segment 7 – Clark Rd. between Wagstaff Rd. and Bille Rd.
Clark Rd. Speed Survey Location
Clark Rd. Aerial View
150
Town of Paradise 32
2023 Engineering and Traffic Survey 151
Town of Paradise 33
2023 Engineering and Traffic Survey
Segment 8 – Clark Rd. between Bille Rd. and Elliott Rd.
Clark Rd. Speed Survey Location
Clark Rd. Aerial View
152
Town of Paradise 34
2023 Engineering and Traffic Survey 153
Town of Paradise 35
2023 Engineering and Traffic Survey
Segment 9 – Clark Rd. between Elliott Rd. and Pearson Rd.
Clark Rd. Speed Survey Location
Clark Rd. Aerial View
154
Town of Paradise 36
2023 Engineering and Traffic Survey 155
Town of Paradise 37
2023 Engineering and Traffic Survey
Segment 10 – Elliott Rd. between Skyway and Clark Rd.
Elliott Rd. Speed Survey Location
Elliott Rd. Aerial View
156
Town of Paradise 38
2023 Engineering and Traffic Survey 157
Town of Paradise 39
2023 Engineering and Traffic Survey
Segment 11 – Elliott Road between Clark Rd. and Sawmill Rd.
Elliott Rd. Speed Survey Location
Elliott Rd. Aerial View
158
Town of Paradise 40
2023 Engineering and Traffic Survey 159
Town of Paradise 41
2023 Engineering and Traffic Survey
Segment 12 – Foster Rd. between Buschmann Rd. and Roe Rd.
Foster Rd. Speed Survey Location
Foster Rd. Aerial View
160
Town of Paradise 42
2023 Engineering and Traffic Survey 161
Town of Paradise 43
2023 Engineering and Traffic Survey
Segment 13 – Foster Rd. between Roe Rd. and Town Limits Foster Rd. Speed Survey Location
Foster Rd. Aerial View
162
Town of Paradise 44
2023 Engineering and Traffic Survey 163
Town of Paradise 45
2023 Engineering and Traffic Survey
Segment 14 – Honey Run Rd. between Skyway and Honey View Ter.
Honey Run Rd. Speed Survey Location
Honey Run Rd. Aerial View
164
Town of Paradise 46
2023 Engineering and Traffic Survey 165
Town of Paradise 47
2023 Engineering and Traffic Survey
Segment 15 – Neal Rd. between Skyway and Roe Rd.
Neal Rd. Speed Survey Location
Neal Rd. Aerial View
166
Town of Paradise 48
2023 Engineering and Traffic Survey 167
Town of Paradise 49
2023 Engineering and Traffic Survey
Segment 16 – Neal Rd. between Roe Rd. and Town Limits
Neal Rd. Speed Survey Location
Neal Rd. Aerial View
168
Town of Paradise 50
2023 Engineering and Traffic Survey 169
Town of Paradise 51
2023 Engineering and Traffic Survey
Segment 17 – Nunneley Rd. between Academy Dr. and Clark Rd.
Nunneley Rd. Speed Survey Location
Nunneley Rd. Aerial View
170
Town of Paradise 52
2023 Engineering and Traffic Survey 171
Town of Paradise 53
2023 Engineering and Traffic Survey
Segment 18 – Nunneley Rd. between Clark Rd. and Sawmill Rd.
Nunneley Rd. Speed Survey Location
Nunneley Rd. Aerial View
172
Town of Paradise 54
2023 Engineering and Traffic Survey 173
Town of Paradise 55
2023 Engineering and Traffic Survey
Segment 19 – Oliver Rd. between Skyway and Castle Dr.
Oliver Rd. Speed Survey Location
Oliver Rd. Aerial View
174
Town of Paradise 56
2023 Engineering and Traffic Survey 175
Town of Paradise 57
2023 Engineering and Traffic Survey
Segment 20 – Oliver Rd. between Castle Dr. and Wagstaff Rd.
Oliver Rd. Speed Survey Location
Oliver Rd. Aerial View
176
Town of Paradise 58
2023 Engineering and Traffic Survey 177
Town of Paradise 59
2023 Engineering and Traffic Survey
Segment 21 – Pearson Rd. between Skyway and Black Olive Dr.
Pearson Rd. Speed Survey Location
Pearson Rd. Aerial View
178
Town of Paradise 60
2023 Engineering and Traffic Survey 179
Town of Paradise 61
2023 Engineering and Traffic Survey
Segment 22 – Pearson Rd. between Black Olive Dr. and Clark Rd.
Pearson Rd. Speed Survey Location
Pearson Rd. Aerial View
180
Town of Paradise 62
2023 Engineering and Traffic Survey 181
Town of Paradise 63
2023 Engineering and Traffic Survey
Segment 23 – Pearson Rd. between Clark Rd. and Butte View Ter.
Pearson Rd. Speed Survey Location
Pearson Rd. Aerial View
182
Town of Paradise 64
2023 Engineering and Traffic Survey 183
Town of Paradise 65
2023 Engineering and Traffic Survey
Segment 24 – Pearson Rd. between Butte View Ter. and Pentz Rd.
Pearson Rd. Speed Survey Location
Pearson Rd. Aerial View
184
Town of Paradise 66
2023 Engineering and Traffic Survey 185
Town of Paradise 67
2023 Engineering and Traffic Survey
Segment 25 – Pentz Rd. between Skyway and Wagstaff Rd.
Pentz Rd. Speed Survey Location
Pentz Rd. Aerial View
186
Town of Paradise 68
2023 Engineering and Traffic Survey 187
Town of Paradise 69
2023 Engineering and Traffic Survey
Segment 26 – Pentz Rd. between Wagstaff Rd. and Bille Rd.
Pentz Rd. Speed Survey Location
Pentz Rd. Aerial View
188
Town of Paradise 70
2023 Engineering and Traffic Survey 189
Town of Paradise 71
2023 Engineering and Traffic Survey
Segment 27 – Pentz Rd. between Bille Rd. and Del Rio Way Pentz Rd. Speed Survey Location
Pentz Rd. Aerial View
190
Town of Paradise 72
2023 Engineering and Traffic Survey 191
Town of Paradise 73
2023 Engineering and Traffic Survey
Segment 28 – Pentz Rd. between Del Rio Way and Pearson Rd.
Pentz Rd Speed Survey Location
Pentz Rd. Aerial View
192
Town of Paradise 74
2023 Engineering and Traffic Survey 193
Town of Paradise 75
2023 Engineering and Traffic Survey
Segment 29 – Pentz Rd. between Pearson Rd. and Town Limits Pentz Rd. Speed Survey Location
Pentz Rd. Aerial View
194
Town of Paradise 76
2023 Engineering and Traffic Survey 195
Town of Paradise 77
2023 Engineering and Traffic Survey
Segment 30 – Rocky Ln. between Skyway and Wagstaff Rd.
Rocky Ln. Speed Survey Location
Rocky Ln. Aerial View
196
Town of Paradise 78
2023 Engineering and Traffic Survey 197
Town of Paradise 79
2023 Engineering and Traffic Survey
Segment 31 – Roe Rd. between Neal Rd. and Foster Rd.
Roe Rd. Speed Survey Location
Roe Rd. Aerial View
198
Town of Paradise 80
2023 Engineering and Traffic Survey 199
Town of Paradise 81
2023 Engineering and Traffic Survey
Segment 32 – Sawmill Rd. between Bille Rd. and Pearson Rd.
Sawmill Rd. Speed Survey Location
Sawmill Rd. Aerial View
200
Town of Paradise 82
2023 Engineering and Traffic Survey 201
Town of Paradise 83
2023 Engineering and Traffic Survey
Segment 33 – Skyway (EB) between Town Limits and Princeton Way Skyway (EB) Speed Survey Location
Skyway (EB) Aerial View
202
Town of Paradise 84
2023 Engineering and Traffic Survey 203
Town of Paradise 85
2023 Engineering and Traffic Survey
Segment 34 – Skyway (WB) between Town Limits and Princeton Way
Skyway (WB) Speed Survey Location
Skyway (WB) Aerial View
204
Town of Paradise 86
2023 Engineering and Traffic Survey 205
Town of Paradise 87
2023 Engineering and Traffic Survey
Segment 35 – Skyway between Neal Rd. and Pearson Rd.
Skyway Speed Survey Location
Skyway Aerial View
206
Town of Paradise 88
2023 Engineering and Traffic Survey 207
Town of Paradise 89
2023 Engineering and Traffic Survey
Segment 36 – Skyway between Pearson Rd. and Elliott Rd.
Skyway Speed Survey Location
Skyway Aerial View
208
Town of Paradise 90
2023 Engineering and Traffic Survey 209
Town of Paradise 91
2023 Engineering and Traffic Survey
Segment 37 – Skyway between Elliott Rd. and Bille Rd.
Skyway Speed Survey Location
Skyway Aerial View
210
Town of Paradise 92
2023 Engineering and Traffic Survey 211
Town of Paradise 93
2023 Engineering and Traffic Survey
Segment 38 – Skyway between Bille Rd. and Wagstaff Rd.
Skyway Speed Survey Location
Skyway Aerial View
212
Town of Paradise 94
2023 Engineering and Traffic Survey 213
Town of Paradise 95
2023 Engineering and Traffic Survey
Segment 39 – Skyway between Wagstaff Rd. and Rocky Ln.
Skyway Speed Survey Location
Skyway Aerial View
214
Town of Paradise 96
2023 Engineering and Traffic Survey 215
Town of Paradise 97
2023 Engineering and Traffic Survey
Segment 40 – Skyway between Rocky Ln. and Clark Rd.
Skyway Speed Survey Location
Skyway Aerial View
216
Town of Paradise 98
2023 Engineering and Traffic Survey 217
Town of Paradise 99
2023 Engineering and Traffic Survey
Segment 41 – Skyway between Clark Rd. and Pentz Rd.
Skyway Speed Survey Location
Skyway Aerial View
218
Town of Paradise 100
2023 Engineering and Traffic Survey 219
Town of Paradise 101
2023 Engineering and Traffic Survey
Segment 42 – Stearns Rd. between De Mille Rd. and Country Club Dr.
Stearns Rd. Speed Survey Location
Stearns Rd. Aerial View
220
Town of Paradise 102
2023 Engineering and Traffic Survey 221
Town of Paradise 103
2023 Engineering and Traffic Survey
Segment 43 – Valley View Dr. between Oliver Rd. and End Valley View Dr. Speed Survey Location
Valley View Dr. Aerial View
222
Town of Paradise 104
2023 Engineering and Traffic Survey 223
Town of Paradise 105
2023 Engineering and Traffic Survey
Segment 44 – Wagstaff Rd. between Oliver Rd. and Skyway Wagstaff Rd. Speed Survey Location
Wagstaff Rd. Aerial View
224
Town of Paradise 106
2023 Engineering and Traffic Survey 225
Town of Paradise 107
2023 Engineering and Traffic Survey
Segment 45 – Wagstaff Rd. between Skyway and Clark Rd.
Wagstaff Rd. Speed Survey Location
Wagstaff Rd. Aerial View
226
Town of Paradise 108
2023 Engineering and Traffic Survey 227
Town of Paradise 109
2023 Engineering and Traffic Survey
Segment 46 – Wagstaff Rd. between Clark Rd. and Pentz Rd.
Wagstaff Rd. Speed Survey Location
Wagstaff Rd. Aerial View
228
Town of Paradise 110
2023 Engineering and Traffic Survey 229
Town of Paradise 111
2023 Engineering and Traffic Survey
Segment 47 – Skyway between Neal Rd. and Princeton Way
Skyway Speed Survey Location
Skyway Aerial View
230
Town of Paradise 112
2023 Engineering and Traffic Survey 231
Town of Paradise 113
2023 Engineering and Traffic Survey
APPENDIX C
California Vehicle Code
Sections on Speed Laws
232
Town of Paradise 114
2023 Engineering and Traffic Survey 233
CVC Div 11 Chapter 7
Town of Paradise 115
2023 Engineering and Traffic Survey
Increase of Local Speed Limits to 65 MPH
22356. (a) Whenever the Department of
Transportation, after consultation with the
Department of the California Highway Patrol,
determines upon the basis of an engineering and
traffic survey on existing highway segments, or
upon the basis of appropriate design standards and
projected traffic volumes in the case of newly
constructed highway segments, that a speed
greater than 65 miles per hour would facilitate the
orderly movement of vehicular traffic and would
be reasonable and safe upon any state highway, or
portion thereof, that is otherwise subject to a
maximum speed limit of 65 miles per hour, the
Department of Transportation, with the approval
of the Department of the California Highway Patrol,
may declare a higher maximum speed of 70 miles
per hour for vehicles not subject to Section 22406,
and shall cause appropriate signs to be erected
giving notice thereof. The Department of
Transportation shall only make a determination
under this section that is fully consistent with, and
in full compliance with, federal law.
(b) No person shall drive a vehicle upon that
highway at a speed greater than 70miles per hour,
as posted.
(c) This section shall become operative on the date
specified in subdivision (c) of Section 22366.
(Repealed (in Sec. 26) and added by Stats. 1995, Ch.
766, Sec. 27. Effective January 1, 1996. This section
became operative, by its own provisions, on the
date described in Section 22366.)
Decrease Near Children’s Playgrounds
22357.1. Notwithstanding Section 22357, a local
authority may, by ordinance or resolution, set a
prima facie speed limit of 25 miles per hour on any
street, other than a state highway, adjacent to any
children’s playground in a public park but only
during particular hours or days when children are
expected to use the facilities. The 25 mile per hour
speed limit shall be effective when signs giving
notice of the speed limit are posted.
(Added by Stats. 1989, Ch. 508, Sec. 1.)
Decrease of Local Speed Limits
22357. (a) Whenever a local authority determines
upon the basis of an engineering and traffic survey
that a speed greater than 25 miles per hour would
facilitate the orderly movement of vehicular traffic
and would be reasonable and safe upon any street
other than a state highway otherwise subject to a
prima facie limit of 25 miles per hour, the local
authority may by ordinance determine and declare
a prima facie speed limit of 30, 35, 40, 45, 50, 55, or 60 miles per hour or a maximum speed limit of 65
miles per hour, whichever is found most
appropriate to facilitate the orderly movement of
traffic and is reasonable and safe. The declared
prima facie or maximum speed limit shall be
effective when appropriate signs giving notice
thereof are erected upon the street and shall not
thereafter be revised except upon the basis of an
engineering and traffic survey. This section does
not apply to any 25-mile-per-hour prima facie limit
which is applicable when passing a school building
or the grounds thereof or when passing a senior
center or other facility primarily used by senior
citizens.
(b) This section shall become operative on the date
specified in subdivision (c) of Section 22366.
(Repealed (in Sec. 28) and added by Stats. 1995, Ch.
766, Sec. 29. Effective January 1, 1996. This section
became operative, by its own provisions, on the
date described in Section 22366.)
Decrease on Narrow Street
22358.3. Whenever a local authority determines
upon the basis of an engineering and traffic survey
that the prima facie speed limit of 25 miles per hour
in a business or residence district or in a public
park on any street having a roadway not exceeding
25 feet in width, other than a state highway, is more
than is reasonable or safe, the local authority may,
by ordinance or resolution, determine and declare
a prima facie speed limit of 20 or 15 miles per hour,
whichever is found most appropriate and is
reasonable and safe. The declared prima facie limit
shall be effective when appropriate signs giving
notice thereof are erected upon the street.
(Amended by Stats. 1972, Ch. 1095.)
234
CVC Div 11 Chapter 7
Town of Paradise 116
2023 Engineering and Traffic Survey
Decrease of Local Limits Near Schools or
Senior Centers
22358.4. (a) (1) Whenever a local authority
determines upon the basis of an engineering and
traffic survey that the prima facie speed limit of 25
miles per hour established by subdivision (b) of
Section 22352 is more than is reasonable or safe,
the local authority may, by ordinance or resolution,
determine and declare a prima facie speed limit of
20 or 15 miles per hour, whichever is justified as
the appropriate speed limit by that survey.
(2) An ordinance or resolution adopted under
paragraph (1) shall not be effective until
appropriate signs giving notice of the speed limit
are erected upon the highway and, in the case of a
state highway, until the ordinance is approved by
the Department of Transportation and the
appropriate signs are erected upon the highway.
(b) (1) Notwithstanding subdivision (a) or any
other provision of law, a local authority may, by
ordinance or resolution, determine and declare
prima facie speed limits as follows:
(A) A 15 miles per hour prima facie limit in a
residence district, on a highway with a posted
speed limit of 30 miles per hour or slower, when
approaching, at a distance of less than 500 feet
from, or passing, a school building or the grounds
of a school building, contiguous to a highway and
posted with a school warning sign that indicates a
speed limit of 15 miles per hour, while children are
going to or leaving the school, either during school
hours or during the noon recess period. The prima
facie limit shall also apply when approaching, at a
distance of less than 500 feet from, or passing,
school grounds that are not separated from the
highway by a fence, gate, or other physical barrier
while the grounds are in use by children and the
highway is posted with a school warning sign that
indicates a speed limit of 15 miles per hour.
(B) A 25 miles per hour prima facie limit in a
residence district, on a highway with a posted
speed limit of 30 miles per hour or slower, when
approaching, at a distance of 500 to 1,000 feet
from, a school building or the grounds thereof,
contiguous to a highway and posted with a school
warning sign that indicates a speed limit of 25miles
per hour, while children are going to or leaving the
school, either during school hours or during the
noon recess period. The prima facie limit shall also
apply when approaching, at a distance of 500 to
1,000 feet from, school grounds that are not
separated from the highway by a fence, gate, or
other physical barrier while the grounds are in use
by children and the highway is posted with a school
warning sign that indicates a speed limit of 25
miles per hour.
(2) The prima facie limits established under
paragraph (1) apply only to highways that meet all
of the following conditions:
(A) A maximum of two traffic lanes.
(B) A maximum posted 30 miles per hour prima
facie speed limit immediately prior to and after the
school zone.
(3) The prima facie limits established under
paragraph (1) apply to all lanes of an affected
highway, in both directions of travel.
(4) When determining the need to lower the prima
facie speed limit, the local authority shall take the
provisions of Section 627 into consideration.
(5) (A) An ordinance or resolution adopted under
paragraph (1) shall not be effective until
appropriate signs giving notice of the speed limit
are erected upon the highway and, in the case of a
state highway, until the ordinance is approved by
the Department of Transportation and the
appropriate signs are erected upon the highway.
(B) For purposes of subparagraph (A) of paragraph
(1), school warning signs indicating a speed limit of
15 miles per hour may be placed at a distance up to
500feet away from school grounds.
(C) For purposes of subparagraph (B) of paragraph
(1), school warning signs indicating a speed limit of
25 miles per hour may be placed at any distance
between500 and 1,000 feet away from the school
grounds.
(D) A local authority shall reimburse the
Department of Transportation for all costs
incurred by the department under this subdivision.
(Amended by Stats. 2016, Ch. 208, Sec. 15. (AB
2906) Effective January 1, 2017.)
Downward Speed Zoning
22358.5. It is the intent of the Legislature that
physical conditions such as width, curvature,
grade and surface conditions, or any other
condition readily apparent to a driver, in the
absence of other factors, would not require special
downward speed zoning, as the basic rule of
235
CVC Div 11 Chapter 7
Town of Paradise 117
2023 Engineering and Traffic Survey
section 22350 is sufficient regulation as to such
conditions.
(Added by Stats. 1959, Ch. 11.)
236
Town of Paradise 118
2023 Engineering and Traffic Survey
APPENDIX D
California Manual of Uniform Traffic Control Devices
Section 2B.13 Speed Limit Sign (R2-1)
237
Town of Paradise 119
2023 Engineering and Traffic Survey 238
California MUTCD 2014 Edition Chapter 2B
(FHWA’s MUTCD 2009 Edition, as amended for use in California) Town of Paradise 120
2023 Engineering and Traffic Survey
Section 2B.13 Speed Limit Sign (R2-1)
Support:
00. The setting of speed limits can be controversial and requires a rational and defensible determination to maintain public confidence. Speed limits are normally set near the 85thpercentile speed that statistically represents one standard deviation above the average speed and establishes the upper limit of what is considered reasonable and prudent. As with most laws, speed limits need to depend on the voluntary compliance of the greater majority of motorists. Speed limits cannot be set arbitrarily low, as this would create violators of the majority of drivers and would not command the respect of the public. Artificially low speed limits can lead to poor compliance as well as large variations in speed within the traffic stream. Increased speed variance can also create more conflicts and passing maneuvers.
00a. The most effective way to reduce speeds is through a combination of strategies using traffic control devices related to speed management, roadway design and engineering solutions, traffic calming techniques and measures, public education, and enforcement efforts. Effectively managing road user speed relies on numerous factors, which include enforcement, roadway characteristics, surrounding environment, adjacent land use, and traffic control devices. Many studies find that engineering changes, such as change a road’s infrastructure, are one of the most important factors in reducing vehicle operating speeds. Engineering changes are also one of the most effective interventions at reducing pedestrian injury and fatality rates. Potential street engineering changes, such as curb extensions, median islands, raised crosswalks, roundabouts, and speed bumps or speed humps, naturally result in lower speeds. It is realized that these engineering changes can be costly and time-consuming to implement.
Standard:
01. Speed zones (other than statutory speed limits) shall only be established on the basis of an engineering and traffic survey (E&TS) study that has been performed in accordance with traffic engineering practices. The engineering study shall include an analysis of the current speed distribution of free-flowing vehicles.
02. The Speed Limit (R2-1) sign (see Figure 2B-3) shall display the limit established by law, ordinance, regulation, or as adopted by the authorized agency based on the engineering study. The speed limits displayed shall be in multiples of 5 mph.
03. Speed Limit (R2-1) signs, indicating speed limits for which posting is required by law, shall be located at the points of change from one speed limit to another.
04. At the downstream end of the section to which a speed limit applies, a Speed Limit sign showing the next speed limit shall be installed. Additional Speed Limit signs shall be installed beyond major intersections and at other locations where it is necessary to remind road users of the speed limit that is applicable.
05. Speed Limit signs indicating the statutory speed limits shall be installed at entrances to the State and, where appropriate, at jurisdictional boundaries in urban areas. 239
California MUTCD 2014 Edition Chapter 2B
(FHWA’s MUTCD 2009 Edition, as amended for use in California) Town of Paradise 121
2023 Engineering and Traffic Survey
Support:
06. In general, the maximum speed limits applicable to rural and urban roads are established:
A. Statutorily – a maximum speed limit applicable to a particular class of road, such as freeways or city streets, that is established by State law; or B. As altered speed zones – based on engineering studies.
07. State statutory limits might restrict the maximum speed limit that can be established on a particular road, notwithstanding what an engineering study might indicate.
Option:
08. If a jurisdiction has a policy of installing Speed Limit signs in accordance with statutory requirements only on the streets that enter a city, neighborhood, or residential area to indicate the speed limit that is applicable to the entire city, neighborhood, or residential area unless otherwise posted, a CITYWIDE (R2-5aP), NEIGHBORHOOD (R2-5bP), or RESIDENTIAL (R2-5cP) plaque may be mounted above the Speed Limit sign and an UNLESS OTHERWISE POSTED (R2-5P) plaque may be mounted below the Speed Limit sign (see Figure 2B-3).
Guidance:
09. A Reduced Speed Limit Ahead (W3-5 or W3-5a) sign (see Section 2C.38) should be used to inform road users of a reduced speed zone where the speed limit is being reduced by more than 10 mph, or where engineering judgment indicates the need for advance notice to comply with the posted speed limit ahead.
10. States and local agencies should conduct engineering studies at least once every 5, 7 or 14 years, in compliance with CVC Section 40802 to reevaluate non-statutory speed limits on segments of their roadways that have undergone significant changes since the last review, such as the addition or elimination of parking or driveways, changes in the number of travel lanes, changes in the configuration of bicycle lanes, changes in traffic control signal coordination, or significant changes in traffic volumes.
11. No more than three speed limits should be displayed on any one Speed Limit sign or assembly.
12. When a speed limit within a speed zone is posted, it should be within 5 mph of the 85thpercentile speed of free flowing traffic.
CVC Section 22358.6 – 85th-Percentile, Rounding, 5 mph Increment, 5 mph speed reduction and Maximum Speed Reduction
Standard:
12a. When a speed limit is to be posted, it shall be established at the nearest 5 mph increment of the 85th-percentile speed of free-flowing traffic (CVC Section 22358.6(a)), except as shown in the two Options below for rounding down and using 5 mph speed reduction (CVC Section 22358.6(b)), or rounding up (CVC Section 22358.6(c)), or if using additional 5 mph speed 240
California MUTCD 2014 Edition Chapter 2B
(FHWA’s MUTCD 2009 Edition, as amended for use in California) Town of Paradise 122
2023 Engineering and Traffic Survey
reduction on local agency roadways for safety corridor designation (CVC Section 22358.7(a)(1)) or adjacent to land or facility generating high concentrations of bicyclists and pedestrians (CVC Section 22358.7(a)(2)).
Option:
1. For cases in which the nearest 5 mph increment of the 85th-percentile speed would require a rounding down, the posted speed may be reduced by 5 mph from the nearest 5 mph increment of the 85th-percentile speed, in compliance with CVC Sections 627 and 22358.5. CVC Sections 22353, 22353.2, 22353.3, 22353.4, and 22353.5, may also be considered, if applicable. See Standard below for documentation requirements. Refer to CVC Section 22358.6(b).
2. For cases in which the nearest 5 mph increment of the 85th-percentile speed would require a rounding up, then the speed limit may be rounded down to the nearest 5 mph increment below the 85th percentile speed, if no further reduction is used. Refer to CVC Section 21400(b). Refer to CVC Section 22358.6(c).
Standard:
12b. If the speed limit to be posted has had the 5 mph reduction applied, then an E&TS shall document in writing the conditions and justification for the lower speed limit and be approved by a registered Civil or Traffic Engineer. The reasons for the lower speed limit shall be in compliance with CVC Sections 627 and 22358.5. Refer to Section 22358.6(b). 12c. The total reduction in the speed limit using the nearest 5 mph increment (CVC Section 22358.6(a)), rounding up (CVC Section 22358.6(c)), rounding down and using 5 mph speed reduction (CVC Section22358.6(b)), additional 5 mph speed reduction for safety corridor designation (CVC Section 22358.7(a)(1)) or adjacent to land or facility generating high concentrations of bicyclists and pedestrians (CVC Section 22358.7(a)(2)), this speed reduction shall not exceed 12.4 mph from the 85th-percentile speed. Refer to CVC Section 22358.6(e).
Support:
12d. Refer to Tables 2B-103(CA) and 2B-104(CA), which provides examples of 85th-percentile speed values and the application of the speed limit policies and criteria applicable per CVC 22358.6 and 22358.7.
12e. Any existing E&TS that was performed before January 1, 2022 in accordance with previous traffic control device standards is not required to be updated until it is due for reevaluation per the 5, 7 or 14 year criteria.
CVC Sections 22358.7, 22358.8 and 22358.9 – Applicability on State Highway System & Local Agency Roadways
241
California MUTCD 2014 Edition Chapter 2B
(FHWA’s MUTCD 2009 Edition, as amended for use in California) Town of Paradise 123
2023 Engineering and Traffic Survey
Standard:
12f. CVC Sections 22358.7, 22358.8 and 22358.9 and their related policies shall not be applicable to roadways on the State Highway System.
Support:
12g. CVC Sections 22358.7, 22358.8 and 22358.9 and their related policies are applicable on local agency roadways.
12h. CVC Sections 22358.7, 22358.8 and 22358.9 and their related policies are also applicable on any privately owned and maintained roads or commercial establishments, if the private road or private property has been subjected to the CVC application by the private property owner or a particular city or county enacts an ordinance or resolution to this effect. Refer to CVC Sections 21100, 21100.1, 21107, 21107.5, 21107.6, and 21107.7.
Standard:
12i. The additional 5 mph speed reduction allowed by CVC Section 22358.7 on designated safety corridors or on portions of highway adjacent to any land or facility that generates high concentrations of bicyclists or pedestrians, shall not be applicable on any roadway segment that is on the State Highway System
12j. The option allowed by CVC Section 22358.8 to retain the currently adopted speed limit or restore the immediately prior adopted speed limit, shall not be applicable on any roadway segment that is on the State Highway System.
12k. Declaring prima facie speed limits of 25 mph or 20 mph on a highway contiguous to a business activity district allowed by CVC Section 22358.9 shall not be applicable on any roadway segment that is on the State Highway System.
CVC Section 22358.7 – Safety corridor and Land or Facilities Generating High Concentrations of Bicyclists and Pedestrians
Standard:
12l. Additional lowering of the speed limits from those calculated using rounding (up or down) per CVC Section 22358.6(b) and 22358.6(c) and 5 mph speed reduction using CVC Section 22358.6(b), as included in paragraph 12a, and Options #1 and #2 processes, is prohibited, except for the local agency roadway segments designated as “safety corridor” or “land or facilities that generate high concentrations of bicyclists and pedestrians” in compliance with CVC Sections 22358.6(d) and 22358.7.
Option:
12m. Local agencies may additionally lower the speed limits by 5 mph from those calculated using rounding (up or down) per CVC Section 22358.6(b) and 22358.6(c) and 5 mph speed 242
California MUTCD 2014 Edition Chapter 2B
(FHWA’s MUTCD 2009 Edition, as amended for use in California) Town of Paradise 124
2023 Engineering and Traffic Survey
reduction using CVC Section 22358.6(b) if, after completing an E&TS, find that the speed limit is still more than is reasonable or safe, for either of the following reasons:
1. The portion of a highway has been designated as a safety corridor.
2. The portion of highway is adjacent to any land or facility that generates high concentrations of bicyclists or pedestrians, especially those from vulnerable groups such as children, seniors, persons with disabilities, and the unhoused.
CVC Section 22358.7(a)(1) – “Safety Corridor” Definition Standard:
12n. A safety corridor shall be defined as a roadway segment within an overall roadway network where the highest number of serious injury and fatality crashes occur. 12o. One or more of the required crash weighting factors listed in the Table 2B-105(CA) shall be used to prioritize the locations of fatal and serious injury crashes in developing the “Safety Corridor”.
Option:
12p. Data used to determine a safety corridor may be from the most recent Engineering and Traffic Survey (E&TS) performed. The crash data source may include, but is not limited to, California Highway Patrol’s (CHP) Statewide Integrated Traffic Records System (SWITRS).
Standard:
12q. The prioritized subset of safety corridors shall:
1. Identify specific locations with high crash occurrences.
2. Identify corridor-level segments with a pattern of crash reoccurrence.
3. Be able to be stratified by mode.
12r. Safety corridors shall represent a prioritized subset of the overall roadway network within an authority’s responsibilities and shall not exceed one-fifth of the overall roadway network.
Guidance:
12s. A jurisdiction should use three to five years of the most recent crash data to determine a safety corridor based on Fatal and Serious Injury data.
Option:
12t. For crash coverage, safety corridors may identify the subset of the overall roadway network where a minimum of 25% of the Fatal + Serious Injury (F+SI) crashes occur. 12u. To identify logical termini, the geographic extent of a safety corridor may be determined by non-engineering staff.
243
California MUTCD 2014 Edition Chapter 2B
(FHWA’s MUTCD 2009 Edition, as amended for use in California) Town of Paradise 125
2023 Engineering and Traffic Survey
Standard:
12v. A licensed professional engineer shall sign off on logical termini identified for a safety corridor using existing E&TS.
Option:
12w. Crash/Volume rate may be used to provide additional locations to be included in the safety corridor. Local agencies may use proactive measures as indicators.
CVC Section 22358.7(a)(2) – “Land or facility that generates high concentrations of bicyclists or pedestrians” definition
Standard:
12x. Except for the Option in first paragraph below, a land or facility that generates high concentrations of bicyclists or pedestrians shall be defined as the portion of the highway where one or more of any of the generators listed in Table 2B-106(CA) are present within a distance of 1320 feet.
Option:
12y. Crash data that demonstrates a highway segment is within the top twenty percent of pedestrian and/or bicyclist fatalities or serious injuries over a three-to-five-year period may be used in lieu of one of the generators listed in Table 2B-106(CA).
Standard:
12z. A highway segment shall be defined as the portion of the highway where a location that meets the aforementioned criteria is present within a distance of 1320 feet.
Option:
12aa. A highway segment may be longer than 1320 feet provided that a minimum of one location within the top twenty percent of fatal and serious injury pedestrian and/or bicyclist crashes within a three-to-five-year period is present for every 1320 feet.
Standard:
12ab. The top twenty percent of pedestrian and/or bicyclist fatalities or serious injury crashes within a three to five year period shall be based on the geographic area within the jurisdiction of the Engineer performing the E&TS.
Option:
12ac. A high concentration of pedestrians and bicyclists may be longer than 1320 feet provided that a minimum of one generator is present for every 1320 feet. 12ad. Data used to determine high concentration locations may be obtained from the most recently performed Engineering and Traffic Survey (E&TS). 244
California MUTCD 2014 Edition Chapter 2B
(FHWA’s MUTCD 2009 Edition, as amended for use in California) Town of Paradise 126
2023 Engineering and Traffic Survey
Standard:
12ae. The provisions of CVC Section 22358.7 to additionally lower the speed limit (by designating safety corridor or on portion of highway is adjacent to any land or facility that generates high concentrations of bicyclists or pedestrians), shall not be applicable until actions required per CVC Section 22358.7 by Department of Transportation and Judicial Council are completed or June 30, 2024, whichever is sooner.
CVC Section 22358.8 (Retain currently adopted or restore immediately prior speed limit) Option:
12af. Local agency may retain the currently adopted speed limit without further reduction or restore the immediately prior adopted speed limit without further reduction as provided in CVC Section 22358.8.
Standard:
12ag. Currently adopted speed limit or immediately prior adopted speed limit shall only be retained, by ordinance, if after completing an E&TS, local agency finds that the speed limit is still more than reasonable or safe, and that speed limit was established with an E&TS and if a registered engineer has evaluated the section of highway and determined that no additional general purpose lanes have been added to the roadway since completion of the traffic survey that established the prior speed limit.
12ah. If local agency decides to use lower speed limit based on CVC Section 22358.8, after completing an E&TS and finding that the speed limit is still more than is reasonable or safe, it shall not be reduced by any more than 5 mph from the currently adopted speed limit not below the immediately prior speed limit. Refer to CVC Section 22358.8(b).
CVC Section 22358.9 – Business Activity District
Option:
12ai. A local authority may, by ordinance, determine and declare a 25 or 20 mph prima facie speed limit on a highway contiguous to a business activity district when posted with a sign that indicates a speed limit of 25 or 20 mph if the highway segment meets all of the following conditions:
1. A maximum of four traffic lanes.
2. A maximum posted 30 mph prima facie speed limit immediately prior to and after the business activity district, if establishing a 25 mph speed limit.
3. A maximum posted 25 mph prima facie speed limit immediately prior to and after the business activity district, if establishing a 20 mph speed limit. 245
California MUTCD 2014 Edition Chapter 2B
(FHWA’s MUTCD 2009 Edition, as amended for use in California) Town of Paradise 127
2023 Engineering and Traffic Survey
12aj A “business activity district” is that portion of a highway and the property contiguous thereto that includes central or neighborhood downtowns, urban villages, or zoning designations that prioritize commercial land uses at the downtown or neighborhood scale and meets a least three of the following four requirements:
4. No less than 50 percent of the contiguous property fronting the highway consists of retail or dining commercial uses, including outdoor dining, that open directly onto sidewalks adjacent to the highway.
5. Parking, including parallel, diagonal, or perpendicular spaces located alongside the highway.
6. Traffic control signals or stop signs regulating traffic flow on the highway, located at intervals of no more than 600 feet.
7. Marked crosswalks not controlled by a traffic control device.
Standard:
12ak. A local authority shall not declare a prima facie speed limit on a portion of a highway where the local authority has already lowered the speed limit as permitted for designated safety corridors (CV Section 22358.7) or using the land or facility adjacent to high concentration of pedestrians and bicyclists (CVC Section 22358.7) or retained the currently adopted speed limit (CVC Section 22358.8) or have restored the immediately prior adopted speed limit (CVC Section 22358.8). Refer to CVC Section 22358.9(c).
13. Speed studies for signalized intersection approaches should be taken outside the influence area of the traffic control signal, which is generally considered to be approximately 1/2 mile, to avoid obtaining skewed results for the 85th-percentile speed.
Support:
14. Advance warning signs and other traffic control devices to attract the motorist’s attention to a signalized intersection are usually more effective than a reduced speed limit zone.
Guidance:
15. An advisory speed plaque (see Section 2C.08) mounted below a warning sign should be used to warn road users of an advisory speed for a roadway condition. A Speed Limit sign should not be used for this situation.
Option:
16. Other factors that may be considered when establishing or reevaluating speed limits are the following:
A. Road characteristics, shoulder condition, grade, alignment, and sight distance; B. The pace;
C. Roadside development and environment;
246
California MUTCD 2014 Edition Chapter 2B
(FHWA’s MUTCD 2009 Edition, as amended for use in California) Town of Paradise 128
2023 Engineering and Traffic Survey
D. Parking practices and pedestrian activity; and E. Reported crash experience for at least a 12-month period.
17. Two types of Speed Limit signs may be used: one to designate passenger car speeds, including any nighttime information or minimum speed limit that might apply; and the other to show any special speed limits for trucks and other vehicles.
18. A changeable message sign that changes the speed limit for traffic and ambient conditions may be installed provided that the appropriate speed limit is displayed at the proper times.
19. A changeable message sign that displays to approaching drivers the speed at which they are traveling may be installed in conjunction with a Speed Limit sign.
Guidance:
20. If a changeable message sign displaying approach speeds is installed, the legend YOUR SPEED XX MPH or such similar legend should be displayed. The color of the changeable message legend should be a yellow legend on a black background or the reverse of these colors.
Support:
21. Advisory Speed signs and plaques are discussed in Sections 2C.08 and 2C.14. Temporary Traffic Control Zone Speed signs are discussed in Part 6. The WORK ZONE (G20-5aP) plaque intended for installation above a Speed Limit sign is discussed in Section 6F.12. School Speed Limit signs are discussed in Section 7B.15.
22. Speed limits in California are governed by the California Vehicle Code (CVC), Sections 22348 through 22413; also, pertinent sections are found in Sections 627 and 40802 and others referenced in this section. See Section 1A.11 for information regarding this publication.
23. Refer to Part 6, Section 6C.01 for speed limit signs in temporary traffic control zones. Refer to Part 7 for speed limit signs in school areas.
Engineering and Traffic Survey (E&TS)
Support:
24. CVC Section 627 defines the term “Engineering and traffic survey” and lists its requirements.
Standard:
25. An engineering and traffic survey (E&TS) shall include, among other requirements deemed necessary by Caltrans, consideration of all of the following:
A. Prevailing speeds as determined by traffic engineering measurements.
B. Collision records.
C. Highway, traffic, and roadside conditions not readily apparent to the driver.
Guidance:
247
California MUTCD 2014 Edition Chapter 2B
(FHWA’s MUTCD 2009 Edition, as amended for use in California) Town of Paradise 129
2023 Engineering and Traffic Survey
26. The E&TS should contain sufficient information to document that the required three items of CVC Section 627 are provided and that other conditions not readily apparent to a driver are properly identified.
27. Prevailing speeds are determined by a speed zone survey. A speed zone survey should include:
A. The intent of the speed measurements is to determine the actual speed of unimpeded traffic. The speed of traffic should not be altered by concentrated law enforcement, or other means, just prior to, or while taking the speed measurements.
B. Only one person is required for the field work. Speeds should be read directly from a radar or other electronic speed measuring devices; or, C. Devices, other than radar, capable of accurately distinguishing and measuring the unimpeded speed of free flowing vehicles may be used.
D. A location should be selected where prevailing speeds are representative of the entire speed zone section. If speeds vary on a given route, more than one speed zone section may be required, with separate measurements for each section. Locations for measurements should be chosen so as to minimize the effects of traffic signals or stop signs.
E. Speed measurements should be taken during off-peak hours between peak traffic periods on weekdays. If there is difficulty in obtaining the desired quantity, speed measurements may be taken during any period with free flowing traffic.
F. The weather should be fair (dry pavement) with no unusual conditions prevailing.
G. The surveyor and equipment should not affect the traffic speeds. For this reason, an unmarked car is recommended, and the radar speed meter located as inconspicuously as possible.
H. In order for the sample to be representative of the actual traffic flow, the minimum sample should be 100 vehicles in each survey. In no case should the sample contain less than 50 vehicles.
I. Short speed zones of less than 0.5 miles should be avoided, except in transition areas.
J. Speed zone changes should be coordinated with changes in roadway conditions or roadside development.
K. Speed zoning should be in 10 mph increments except in urban areas where 5 mph increments are preferable.
L. Speed zoning should be coordinated with adjacent jurisdictions.
Support:
28. Physical conditions such as width, curvature, grade and surface conditions, or any other condition readily apparent to the driver, in the absence of other factors, would not require special downward speed zoning. Refer to CVC 22358.5.
248
California MUTCD 2014 Edition Chapter 2B
(FHWA’s MUTCD 2009 Edition, as amended for use in California) Town of Paradise 130
2023 Engineering and Traffic Survey
Option:
29. When qualifying an appropriate speed limit, local authorities may also consider all of the following findings:
A. Residential density, if any of the following conditions exist on the particular portion of highway and the property contiguous thereto, other than a business district:
1. Upon one side of the highway, within 0.25 miles, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures.
2. Upon both sides of the highway, collectively, within a distance of 0.25 miles the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures.
3. The portion of highway is larger than 0.25 miles but has the ratio of separate dwelling houses or business structures to the length of the highway described in either subparagraph 1 or 2 above.
B. Safety of bicyclists and pedestrians, with increased consideration for vulnerable pedestrian groups including children, seniors, persons with disabilities, users of personal assistive mobility devices, and the unhoused.
30. The following two methods of conducting E&TS may be used to establish speed limits:
1. State Highways - The E&TS for State highways is made under the direction of the Caltrans District Traffic Engineer. The data includes:
A. One copy of the Example of Speed Zone Survey Sheet (See Figure 2B-101(CA)) showing:
• A north arrow
• Engineer's station or post mileage
• Limits of the proposed zones
• Appropriate notations showing type of roadside development, such as “scattered business,” “solid residential,” etc. Schools adjacent to the highway are shown, but other buildings need not be plotted unless they are a factor in the speed recommendation or the point of termination of a speed zone. • Collision rates for the zones involved
• Average daily traffic volume
• Location of traffic signals, signs and markings
• If the highway is divided, the limits of zones for each direction of travel • Plotted 85th percentile and pace speeds at location taken showing speed profile B. A report to the District Director that includes:
• The reason for the initiation of speed zone survey.
• Recommendations and supporting reasons.
• The enforcement jurisdictions involved and the recommendations and opinions of those officials.
249
California MUTCD 2014 Edition Chapter 2B
(FHWA’s MUTCD 2009 Edition, as amended for use in California) Town of Paradise 131
2023 Engineering and Traffic Survey
• The stationing or reference post in mileage at the beginning and ending of each proposed zone and any intermediate equations. Location ties must be given to readily identifiable physical features.
2. City and County Through Highways, Arterials, Collector Roads and Local Streets.
A. The short method of speed zoning is based on the premise that a reasonable speed limit is one that conforms to the actual behavior of the majority of motorists, and that by measuring motorists' speeds, one will be able to select a speed limit that is both reasonable and effective. Other factors that need to be considered include but are not limited to: the most recent two-year collision record, roadway design speed, safe stopping sight distance, super elevation, shoulder conditions, profile conditions, intersection spacing and offsets, commercial driveway characteristics, and pedestrian traffic in the roadway without sidewalks.
B. Determination of Existing Speed Limits - Figures 2B-103(CA) & 2B-104(CA) show examples of data sheets which may be used to record speed observations. Specific types of vehicles may be tallied by use of letter symbols in appropriate squares.
31. In most situations, the short form for local streets and roads will be adequate; however, the procedure used on State highways may be used at the option of the local agency.
32. Any agency may lower the speed limit below the prima facie speed limit after performing, and based on the results of an E&TS.
Guidance:
33. The establishment of a speed limit of more than 5 mph below the 85th percentile speed should be done with great care as studies have shown that establishing a speed limit at less than the 85th percentile generally results in an increase in collision rates; in addition, this may make violators of a disproportionate number of the reasonable majority of drivers.
Support:
34. Generally, the most decisive evidence of conditions not readily apparent to the driver surfaces in collision histories.
35. Speed limits are established at or near the 85th percentile speed, which is defined as that speed at or below which 85th percent of the traffic is moving. The 85th percentile speed is often referred to as the critical speed. Pace speed is defined as the 10 mph increment of speed containing the largest number of vehicles (See Figure 2B-102(CA)). The lower limit of the pace is plotted on the Speed Zone Survey Sheets as an aid in determining the proper zone limits. Speed limits higher than the 85th percentile are not generally considered reasonable and prudent. Speed limits below the 85th percentile do not ordinarily facilitate the orderly movement of traffic and require constant enforcement to maintain compliance.
Speed limits established on the basis of the 85th percentile conform to the consensus of those who drive highways as to what speed is reasonable and prudent, and are not dependent on the judgment of one or a few individuals.
36. The majority of drivers comply with the basic speed law. Speed limits set at or near the 85th percentile speed provide law enforcement officers with a limit to cite drivers who will not 250
California MUTCD 2014 Edition Chapter 2B
(FHWA’s MUTCD 2009 Edition, as amended for use in California) Town of Paradise 132
2023 Engineering and Traffic Survey
conform to what the majority considers reasonable and prudent. Further studies show that establishing a speed limit at less than the 85th percentile (Critical Speed) generally results in an increase in collision rates.
Option:
37. When roadside development results in traffic conflicts and unusual conditions which are not readily apparent to drivers, as indicated in collision records, speed limits somewhat below the 85th percentile may be justified. Concurrence and support of enforcement officials are necessary for the successful operation of a restricted speed zone.
Guidance:
38. Speed zones of less than 0.5 miles and short transition zones should be avoided. 251