Agenda packet — Paradise City Council, February 11, 2025 (part 2 of 2)

ASTM C117
CTM 202
AASHTO T11
This test determines the sieve
analysis of fine sand (gradation of
materials finer than No. 200 sieve
by wash grading).

Aggregate for Slurry
Seals
(Testing)
One 30-lb. sample. Obtain at least one sample per project from the belt or hopper or stockpile and test for Sand
Equivalent.

ASTM D2419
CTM 217
AASHTO T176
This test determines the Sand
Equivalent of aggregates.
263
Steel
Materials to be
Sampled or Tested
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Methods
Description or Comments
Steel Strand
(Testing)
Sample strand at
various sizes.

This item may be accepted using a Certificate of
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strands per job when a Certificate of Compliance
is not used.

ASTM A370,
A416, E328
AASHTO T244
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Steel Rebar
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Sample rebar at
various sizes.

This item may be accepted using a Certificate of
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ASTM A615,
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and bend capability.
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Town of Paradise
Council Agenda Summary
Date: February 11, 2025
Agenda Item: 5(a)
ORIGINATED BY: Susan Hartman, Community Development Director – Planning & Wastewater
REVIEWED BY: Jim Goodwin, Town Manager
Scott Huber, Town Attorney
SUBJECT: Public Hearing: Planning Commission Recommendation for Town Council Adoption of a Paradise General Plan Land
Use Map Amendment and Property Rezone for an
Application Identified as TOP: PL24-00128

LONG TERM
RECOVERY PLAN:

N/A
COUNCIL ACTION REQUESTED:

1. Hold a duly noticed and published public hearing and consider concurring with the project “CEQA determination” finding embodied within Planning Commission Resolution No. 2025-01; and,

2. Concur with the project recommended General Plan Land Use Map amendment and rezone action adopted by the Planning Commission on January 21, 2025, and embodied within Planning Commission Resolution No. 2025-01; and,

3. Adopt Town of Paradise Resolution No. 2025-__, “A Resolution of the Town Council of the Town of Paradise Amending the Land Use Map of the 1994 Paradise General Plan (TOP: PL24-00128)”; and,

4. Waive the first reading of the entire Town Ordinance No. ____ and read by title only; and,

5. Introduce Town of Paradise Ordinance No. _____ “An Ordinance Rezoning Certain Real Properties From “C-F” (Community Facilities) to the “C-B” (Central Business) Zone Pursuant to Paradise Municipal Code Sections 17.45.500 Et.

Seq. (TOP: PL24-00128)”; or,

6. Provide an alternate directive to town staff.

Background:

The Town of Paradise has initiated a Paradise General Plan land use designation amendment from Public Institutional (PI) to Central Commercial (CC) and a zone change from CommunityFacilities (C-F) to Central Business (C-B) affecting a +1.52-acre cluster of properties located at 5680, 5690, & 5704 Black Olive Drive. Prior to 2014, Paradise Irrigation District’s (PID) corporation yard was located on three (3) adjoining parcels on Black Olive Dr, just north of the Paradise Community Park. In 1984, these parcels were zoned Central Business but, at the time of the 1994 General Plan update, PID was using them for their corporation yard so the General Plan designation and zoning were updated at that time to Public Institutional/Community Facilities since that zoning was targeted for public and public institutional land uses such as government offices, schools, cemeteries, hospital and medical facilities, and utility services. PID has since moved their operations to a consolidated facility on Clark Rd and sold the properties on Black Olive Drive to a private owner
265
Analysis:

The subject properties are adjacent to, but not included in, the current boundaries of the downtown Central Business zoning district and were previously identified as part of both the Downtown Revitalization Area and the (now defunct) Town of Paradise Redevelopment Area. While these parcels have historically been included in the redevelopment vision for the Town’s business community, they do not currently have the appropriate zoning to accommodate their rebuild potential within the adjacent downtown corridor. As mentioned above, the current zoning supports public agency land uses and does not allow for even basic commercial development such as retail, restaurants, food sales, or multi-family development.

The Town’s Police Department, Fire Department, Fleet Shop, and Public Works Yard are already situated on a nearby block in the downtown; the Paradise Recreation & Park District has a longterm lease with Butte County for their facility on Skyway, and Paradise Irrigation District has their newly developed facility on Clark Rd which demonstrates that there is not a need to maintain these parcels solely for public agency use. In fact, the Central Business zoning still allows for government offices, schools, medical offices, and utility services but has the added benefit of also permitting a wide range of commercial office and business uses.

During the Town’s public outreach efforts in 2024 to update the vision for the development of the downtown, these three parcels were identified as properties that would provide a public benefit by being rezoned back to Central Business, also requiring a General Plan land use amendment to Central Commercial, to further support the redevelopment of the downtown following the Camp Fire. This action would reinstate the zoning held by these parcels prior to 1994.

Surrounding land uses are characterized by developed residential property to the north, the Community Park to the south, the Yellowstone Kelly Heritage Trail to the east, and vacant commercial (downtown) property to the west.

The proposed project application has been evaluated in accordance with the requirements of the California Environmental Quality Act (CEQA) and it was determined that there is no possibility adoption and implementation of the rezone would result in a direct and significantly adverse effect on the environment as there is no project associated with this action. Therefore, the proposed general plan amendment and rezone can be found to be exempt from the requirements of CEQA, pursuant to CEQA Guidelines section 15061 (b)(3) [General Rule Exemption].

The attached Planning Commission resolution document recommends Town Council adoption and assignment of a specific Paradise General Plan land use designation and rezone of certain real property. Attached with this agenda summary for consideration, possible adoption, and introduction respectively by the Town Council, are copies of a proposed Town of Paradise resolution document and a zoning ordinance document, both of which reflect 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 General Plan amendment and first reading and introduction of the zoning ordinance for the rezone. The digital land use and zoning maps are maintained and updated by the Chico State GIC under an existing contract. 266

ATTACHEMENTS
FOR
TOP: PL24-00128 GENERAL PLAN AMENDMENT/REZONE

1. Project vicinity map.

2. Notice sent to the affected property owner regarding the Town-initiated rezone.

3. Notice sent to surrounding property owners and the Paradise Post for the February 11, 2025 public hearing.

4. Mailing list of property owners and agencies notified of the public hearing.

5. Notice of Exemption prepared for the TOP project.

6. Planning Commission Resolution No. 2025-01 adopted January 21, 2025.

7. Town of Paradise Resolution No. 2025-____, “A Resolution of the Town Council of the Town of Paradise Amending the Land Use Map of the 1994 Paradise General Plan (PL24-00128)”.

8. Town of Paradise Ordinance No. ____, “An Ordinance Rezoning Certain Real Property From “C-F” (Community Facilities) to the “C-B” (Central Business) Zone Pursuant to Paradise Municipal Code Sections 17.45.500 Et. Seq. (TOP: PL24-00128)” 267

N
APPLICANT: Town of Paradise
OWNER: Norman & Else Madsen Revocable Trust 5680, 5690, & 5704 Black Olive Dr PROJECT DESCRIPTION:

Town Council consideration of a Planning Commission resolution recommending approval of a Town-initiated amendment to the Town of Paradise General Plan land use designation affecting a privately owned +/-1.52 acre cluster of properties from Public Institutional (PI) to Central Commercial (CC) and change the zoning for the same properties from Community Facilities (CF) to Central Business (CB) to remove the zoning previously assigned to Paradise Irrigation District when their corporation yard was located on these parcels and rezone to the adjacent Central Business zoning district. No development is proposed, only a zoning change.

ZONING: CF to CB GENERAL PLAN: PI to CC FILE NO. PL24-00128 ASSESSOR PARCEL NO. 052-204-001, 002, & 012 MEETING DATE: 02/11/2025 268
Town of Paradise
Community Development Department
Building Resiliency Center
6295 Skyway
Paradise, CA 95969
(530) 872-6291 x411
Working together to rebuild a thriving community.

December 17, 2024
Norman & Else Madsen Revocable Trust
Norman & Else Madsen, Trustees
1296 Hagen Rd
Napa, CA 94558
Subject: Town-initiated Rezoning on Community Facilities Parcels, 5680 & 5704 Black Olive Dr, APNs 052-204-001, 002, & 012
Dear Mr. & Mrs. Madsen,
As part of the Town’s post-Camp Fire efforts to support the rebuild of the Town’s commercial districts and create a walkable downtown, the Town of Paradise is initiating a rezone of certain properties to C-B zoning (Central Business). The C-B zoning category will increase the potential commercial uses permitted on the above-referenced parcels.

The Town is working on updating its Downtown Master Plan and began a series of public engagement sessions in early 2024 in the form of public hearings, visioning session at the Community Park, and online surveys. The results of this effort culminated into an identified Walkable Downtown Core located within a portion of the C-B zoning district with modified allowable land uses which the Town Council will be reviewing for formal adoption in February and March 2025.

Your properties on Black Olive Drive, where the previous Paradise Irrigation District corporation yard was located, have been identified as properties to extend the C-B zoning district to as well as the Walkable Downtown Core. Due to the nature of the public agency activities that existed on the Black Olive properties at the time of the 1994 General Plan, the zoning assigned to those parcels was intended for public and public institutional land uses which accommodates uses such as government offices, cemeteries, schools, hospitals, post offices, and public transit facilities. Rezoning the properties to the Central Business District will open more commercial oriented development opportunities such as restaurants, retail services, hotel/motel/bed & breakfast, food sales, outdoor recreational facilities, and multi-family developments (top floor of mixed use).

Rezones require a public hearing process during which you, or a neighboring landowner, have an opportunity to provide testimony, either for or against the proposed rezone, to both the Paradise Planning Commission and the Paradise Town Council at their respective public hearings.
269
Town of Paradise
Community Development Department
Building Resiliency Center
6295 Skyway
Paradise, CA 95969
(530) 872-6291 x411
Working together to rebuild a thriving community.

Proposed rezoning meeting schedule:

January 21, 2025, 6:00 pm Planning Commission Meeting (Recommendation) February 11, 2025, 6:00 pm Town Council Meeting (Introduction of rezone, adoption of General Plan Amendment)
March 11, 2025, 6:00 pm Town Council Meeting (Adoption of rezone) All meetings will be held at 6:00 pm at Paradise Town Hall (5555 Skyway, Paradise) in the Council Chambers. Additionally, Town Council meetings are broadcast live on the Town’s YouTube channel at https://www.youtube.com/channel/UCahySuEER2uUrqJ6G5ET-Xg. Meeting agendas can be found on the Town’s website at https://www.townofparadise.com/meetings.

Please feel free to contact this office with any questions you may have at (530) 872-6291 x424.

Sincerely,
Susan Hartman
Community Development Director
[email protected]
270

TOWN OF PARADISE

NOTICE OF PUBLIC HEARING

Town Council consideration of a Planning Commission resolution recommending Town Council approval of a Town-initiated amendment to the Town of Paradise General Plan land use designation affecting a privately owned +/-1.52 acre cluster of properties from Public Institutional (PI) to Central Commercial (CC) and change the zoning for the same properties from Community Facilities (CF) to Central Business (CB) to remove the zoning previously assigned to Paradise Irrigation District when their corporation yard was located on these parcels and rezone to the adjacent Central Business zoning district. No development is proposed, only a zoning change. The project site is located at 5680, 5690, & 5704 Black Olive Dr, Paradise and further identified as Assessor Parcel Nos. 052-204-001, 002, & 012.

The project file is available for public inspection at the Development Services Department, Building Resiliency Center, 6295 Skyway, Paradise. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Town Clerk at, or prior to, the public hearing. For further information please contact the Development Services Department at (530) 872-6291, extension 424.

Melanie Elvis
Town Clerk
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272
273

NOTICE OF EXEMPTION
To: File
From: Town of Paradise, Development Services Department, Planning Division, 6295 Skyway, Paradise, CA 95969
Project Title: Town of Paradise GPA/Rezone
Project Applicant: Town of Paradise
Project Location: 5680, 5690, & 5704 Black Olive Dr
Project Description: General Plan Amendment and Rezone to reinstate the Central Business zoning previously assigned to a cluster of properties prior to 1994.

Approving Public Agency: Town of Paradise
Person or Agency
Carrying Out Project: Town of Paradise
Exempt Status: Ministerial (Section 15268)
Emergency Project (Section 15269)
Categorical Exemption (Section 15302)
__X__ General Rule Exemption (Section 15061)
Reason for Exemption: The amendments do not constitute a project under CEQA, no physical activity is planned and there is no
possibility of a significant environmental effect.

Contact Person: Susan Hartman, Planning Director
(530) 872-6291 x424
Signature:

Date: 01/08/2025_____________
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275
276
EXHIBIT “A”
REZONE
(TOP)
ASSESSOR’S PARCEL NUMBERS 052-204-001, 002, & 012:
277
EXHIBIT “B”
REZONE
(TOP)
278

TOWN OF PARADISE
RESOLUTION NO. 2025-___

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE AMENDING THE LAND USE MAP OF THE 1994 PARADISE GENERAL PLAN (TOP:

PL24-00128)
WHEREAS, the Paradise Planning Commission and the Paradise Town Council have conducted public hearings, pursuant to California planning and zoning law concerning a proposed amendment to the land use map of the 1994 Paradise General Plan; and
WHEREAS, such public hearings also included review of potential environmental impacts associated with the amendment to the Paradise General Plan, pursuant to requirements of the California Environmental Quality Act; and WHEREAS, Section 65358 of the California Government Code allows a legislative body to amend its General Plan, and
WHEREAS, the action of the Town Council follows the requirements of Government Code Sections 65353, 65354, 65854 and 65090; and WHEREAS, the Town Council has considered the analysis and recommendation of the Community Development Department; has received and considered the recommendations of the Planning Commission via adopted Planning Commission Resolution No. 2025-01; and has considered the comments made at public hearings conducted by the Planning Commission and the Town Council; and on the basis thereof has determined pursuant to Section 65358 of the Government Code that a certain amendment of the 1994 Paradise General Plan Land Use Map is in the public interest; and
WHEREAS, the Paradise Planning Commission and the Town Council have determined that the proposed General Plan (land use map) amendment and rezone project is appropriate and reasonable because it would result in the assignment of general plan land use and zoning designations to the affected property that are appropriate and reasonable in a manner that a) promotes the objectives of the Town’s walkable downtown long-term recovery project, b) is compatible with existing land uses and zoning in the downtown and therefore is consistent with applicable 1994 Paradise General Plan policies, and, c) will result in the assignment of zoning that promotes the commercial redevelopment of currently vacant properties.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Paradise as follows:

Section 1. The Town Council hereby finds that there is no land division or commercial density increase development proposed in association with the requested actions, and further finds that the requested actions are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061 (General Rule Exemption) based on the materials submitted in association with the requested actions, the associated staff report and all public comments relating to the project. 279
Section 2. The Town Council hereby adopts this amendment to the 1994 Paradise General Plan known as PL24-00128, assigning a Central Commercial (C-C) General Plan land use map designation for a +/-1.52-acre land area located at 5680, 5690, and 5704 Black Olive Drive in Paradise and further identified as AP Nos. 052-204-001, 002, & 012, as described in Exhibit “A” and shown in Exhibit “B” attached hereto and made a part hereof by reference.

PASSED AND ADOPTED by the Town Council of the Town of Paradise this 11th day of February 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Steve Crowder, Mayor
ATTEST:

By:_____________________________________
Melanie Elvis, Town Clerk/Elections Official
APPROVED AS TO FORM:

By:_____________________________________
Scott E. Huber, Town Attorney
280
EXHIBIT “A”

GPA/REZONE
(TOP)
ASSESSOR’S PARCEL NUMBERS 052-204-001, 002, & 012:
281
EXHIBIT “B”

GPA/REZONE
(TOP)
282

TOWN OF PARADISE
ORDINANCE NO. ____

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PARADISE REZONING CERTAIN REAL PROPERTY FROM “C-F” (COMMUNITY-FACILITIES) TO THE “C-B” (CENTRAL-BUSINESS) ZONE PURSUANT TO PARADISE MUNICIPAL CODE SECTIONS

17.45.500 ET. SEQ. (TOP: PL24-00128)
The Town Council of the Town of Paradise, State of California, does hereby ORDAIN AS FOLLOWS:

SECTION 1. The hereinafter described real properties situated in the Town of Paradise, State of California, shall be and is hereby zoned “C-B” (Central-Business) as described in Chapter 17.20 of the Paradise Municipal Code and such land area shall be subject to the restrictions, restricted uses, and regulations of such chapter. The real properties so zoned are located at 5680, 5690, & 5704 Black Olive Drive in the Town of Paradise and is more particularly identified as AP Nos. 052-204-001, -002, & -012.

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.

PASSED AND ADOPTED by the Town Council of the Town of Paradise, County of Butte, State of California, on this ______ day of ________________, 2025, by the following vote:

AYES:

NOES:

ABSENT:

NOT VOTING:
____________________________
Steve Crowder, Mayor
ATTEST: APPROVED AS TO FORM:
_________________________________ _____________________________ Melanie Elvis, Town Clerk/Elections Official Scott E. Huber, Town Attorney 283

Town of Paradise
Council Agenda Summary
Date: February 11, 2025
Agenda Item: 5(b)
ORIGINATED BY: Susan Hartman, Community Development Director – Planning & Wastewater
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Consider Introducing an Ordinance Amending Text Regulations within Paradise Municipal Code Title 5
(Business Licenses) and Title 17 (Zoning) Relative to Land Uses Within the Central Business Zoning District

LONG TERM
RECOVERY PLAN:

Yes – Tier 2 Economic Development Strategy & Walkable
Downtown
COUNCIL ACTION REQUESTED:

1. Hold a duly noticed and published public hearing and consider concurring with the project “CEQA determination” finding presented and considered by the Planning Commission on January 21, 2025, and embodied within Planning Commission Resolution No 2025-02; and,

2. Waive the first reading of the entire Town Ordinance No. _____and read by title only; and,

3. Introduce Town Ordinance No. _____, “An Ordinance Amending Text Regulations within Paradise Municipal Code Title 5 [Business Licenses] and Title 17 [Zoning] Relative to the Central Business Zoning District; Vending Licenses; Farmers Markets; and the Walkable Downtown Core”; or,

4. Provide alternative direction to town staff.

Background:

The timeline of the walkable downtown zoning project thus far is as follows:

April 9, 2024 – Town Council requested a special council meeting to discuss the vision for the Town’s commercial downtown core.

April 22, 2024 – A Special Town Council meeting was held which resulted in direction to staff to prepare a moratorium urgency ordinance for residential-type land uses in the downtown Central Business (CB) zoning district.

May 14, 2024 – Town Council adopted Urgency Ordinance No. 635 establishing a 45-day moratorium on all single-family, two-family, and multi-family residences within the CB zoning district. Council authorized staff to enter into an agreement with Urban Design Associates (UDA) for an initial assessment of the downtown and to refine the moratorium area.

June 18, 2024 – Urgency Ordinance No. 635 was extended an additional 10-months and 15-days to allow a larger Phase II strategy from UDA, including an updated commercial market study, with recommendations for permanent zoning amendments. Additionally, the boundaries of the moratorium were reduced to a more focused area encompassing primarily the southern half of the CB zoning district.
284
August 9, 2024 – UDA conducted individual stakeholder interviews with Council members and town staff.

August 10, 2024 – An in-person community workshop was held to solicit feedback from residents on proposed infill uses, types of desired retail businesses, preferred building styles, and priorities for the downtown area.

September 4th & 5th, 2024 – UDA conducted individual stakeholder interviews with Rebuild Paradise, PATCH, Paradise Ridge Chamber of Commerce, Tri Counties Bank, Paradise Association of Realtors, PRPD, Paradise Art Center, and Moms on the Ridge.

September 10, 2024 – An online survey, for those who could not attend the in-person workshop, was launched for 20 days to accept additional feedback.

October 31, 2024 – The updated Commercial Market Opportunity Assessment was submitted by Peloton Research + Economics.

November 12, 2024 – Zoning amendment recommendations were presented to the Town Council by UDA and staff with Council direction to move forward with the adoption process on all items presented except amending lot widths in the downtown. Additionally, it was recommended that the old, vacant Paradise Irrigation Corporation Yard properties, along Black Olive Drive, be rezoned from Community Facilities (a zoning typically used for public agencies) to Central Business and be included in the walkable downtown core.

January 21, 2025 – Planning Commission reviewed and made recommendation for Town Council approval of the proposed zoning amendments and walkable downtown core map.

Current boundary of the housing moratorium under extended Urgency Ordinance No. 635:
285
Analysis:

As previously presented to the Town Council, the 2022 & 2024 commercial market study reports both identified well over 300,000 square feet of existing occupied retail space that is capable of being supported by the current population of +/-10,691 residents which is in line with the industry average of 30,000 to 45,000 square feet of commercial uses being supported by every 1,000 residents. The 2024 Peloton commercial market study built off the previous 2022 EPS study and offered extended projections out to 2060, estimating a need for an additional 117,285 sq ft of retail space by 2030 with 44,395 sq ft of that potentially being sited in the downtown and up to 409,556 sq ft of new retail space demand by 2060 with 188,219 sq ft of that in the downtown.

Utilizing that market analysis data and comparing it to the 33 acres of undeveloped land available in the downtown, which has capacity to accommodate 150,000 to 200,000 square feet of commercial space, shows that the downtown has the ability to support the current and future projected commercial square footage needs with a large portion of that being located in the walkable downtown core (moratorium area) which in itself currently has 13.61 acres of vacant land.

While the Town continues to recover, Peloton presented some short (2025-2030) and long-term (2030-2060) activation strategies for the downtown and walkable downtown core. In the shortterm, to bring a renewed interest to the downtown and attract local visitors, suggestions for areas around the Fir St/Almond St intersection and the Birch St/Foster Rd intersection included:
 Hosting weekly events such as farmers’ markets, food truck gatherings, and outdoor entertainment [supported by proposed zoning amendments in the attached ordinance].
 Utilize existing street and sidewalk infrastructure to create pedestrian-friendly zones and encourage foot traffic.
 Introducing pop-up retail and temporary community uses to fill vacant spaces, generate excitement and test market demand [supported by proposed zoning amendments in the attached ordinance].

In the long-term, to support sustainable growth and reflecting Paradise as a livable community, the suggestions included:
 Encourage mixed use development with ground-floor retail and upper-floor residential [supported by proposed zoning amendments in the attached ordinance].  Promote public plazas and outdoor seating areas to foster community interaction.  Emphasize pedestrian and cycling infrastructure.

Recommendations
To support the development of the downtown, with a walkable downtown core, UDA and staff analyzed the existing zoning standards and looked for ways to support the vision of the downtown based on the public’s feedback and the market analysis.  Walkable Downtown Core (WDC) boundaries
Based on feedback from stakeholders and the public, it is recommended that the boundaries of Central Business (CB) District, including the walkable downtown core (WDC), be extended to include the three parcels that used to house the PID corporation yard, just north of the Community Park which were presented under a separate Council agenda item to rezone to Central Business. 286
 Land Uses in the Central Business (CB) Zoning District and Walkable Downtown Core (WDC) Responding to comments from community members about the need to remove obstacles for development, there is a recommendation to make the following businesses permitted, with no use permit requirements, in the CB and WDC:
 Body piercing/tattoo shop
 Bed and breakfast
 Club or lounge
 Cocktail lounge
 Commercial recreation (indoor)
 Cultural service
 Daycare facility
 Financial services
 Food sales
 Liquor sales
 Manufacturing (custom)
 Medical offices
 Park and recreation
 Parking facility (public)
 Restaurant
 Uses Recommended to be added to the CB District and WDC Temporary uses can be a good early activator while the market continues to recover and new permanent uses that make the downtown a desirable place to visit are encouraged. Not surprisingly, farmers markets and food trucks were the two highest rated desired land uses for the downtown from public feedback. Recommended uses to be added to the CB District, including the walkable downtown core, include:
 Temporary uses listed in Paradise Municipal Code section 17.32.100 not currently permitted in the CB zone such as:
287
o Outdoor special sales, outdoor art and craft shows or exhibits, swap meets, farmers markets, flea markets, and parking lot sales.
o Seasonal retail sales of agricultural or horticultural products raised off premises.  Drive-in theater/outdoor amphitheater.
 Food truck vending.
 Land Uses Recommended to be removed from the CB District and WDC What we heard from the public is that there is not a desire for the following land uses in the downtown area and therefore they are proposed to be removed:
 Auto repair
 Laundry services
 Any other uses that generate noxious fumes or excessive noise  Housing in the Walkable Downtown Core (WDC)
Within the WDC, mixed use would continue to be permitted (combination of a business and residence), but only with the housing unit on an upper story. The same would apply for multifamily developments – the residential units would need to be on the upper story of a commercial business. No new development of a standalone single-family or multi-family residence would be permitted without a commercial business component on the ground floor.  Rebuilding of non-permitted uses in the CB District and WDC Regardless of any zoning changes in the downtown, properties that were previously developed with a land use that will potentially no longer be permitted, such as single-family homes and auto repair, still have an avenue to rebuild what they had as a “non-conforming use” through a public hearing use permit process with the Planning Commission as authorized under Paradise Municipal Code Chapter 17.39. However, it is a discretionary action and can be denied.

Additionally, if a property has a previously issued use permit authorizing a land use that is no longer permitted, that use permit allows them to rebuild their previously approved project – even if the zoning has changed.
 Public protest feedback
At the January 21, 2025 Planning Commission meeting, the owners of 5800 & 5804 Almond St were in attendance and asked to be removed from the proposed boundaries of the WDC. They are currently the last parcel included along the northern boundary, on the east side of Almond St.

The property was previously developed with a duplex built in 1956 and there have been no rebuild permits submitted for that property since the fire. Currently, the zoning amendments proposed for the WDC would not allow the rebuild of a duplex on that property (without a commercial business on the ground floor) unless they went through a “non-conforming” use permit hearing with the Planning Commission to rebuild what they had before. If they are removed from the boundaries WDC, the Central Business zoning still requires a public hearing to build or rebuild a duplex in that zone so the permitting process will not change for them should they want to rebuild a duplex, and this was explained at the hearing. If the Council supports their request to be removed from the boundaries of the WDC, staff has prepared a revised CB/WDC zoning map for introduction with the zoning amendments that excludes the property at 5800 & 5804 Almond St. The Planning Commission was not in opposition to their request, encouraging them to attend the Town Council meeting, but still made the recommendation for approval as presented by staff which included the subject parcel.

The goal of these recommendations is to help activate early activity and interest in the downtown as well as support sustained growth in that area with uses the public wants to see and are more attainable to the local business owners.
288
Attached with this council agenda summary for your consideration and recommended introduction is an ordinance prepared by town staff that reflects the recommended PMC text amendments.

The proposed new text within the ordinance is shown as shaded and text proposed to be deleted is shown in strikethrough text.

The Planning Director has determined that the nature of the proposed/recommended text amendments is minor in that the possibility of adoption and implementation would not result in a direct and significantly adverse effect upon the environment. Thus, the amendments can be found to be exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines section 15061(b)(3) [General Rule Exemption].

Lastly, for your convenience and use, town staff has attached other documents related to this agenda item.

Financial Impact: There is no financial impact associated with the first reading and introduction of the ordinance. However, if the ordinance amendments are ultimately adopted, future General Fund revenues will be reduced, by an unknown amount, due to the reduction in required use permits.

Attachments:
 Copy of the notice of public hearing for the proposed text amendments.  Copy of Notice of Exemption dated December 16, 2024.
 Copy of Planning Commission Resolution No. 2025-02, “A Resolution of the Paradise Planning Commission Recommending Town Council Adoption of Text Amendments to Title 5 and Title 17 of the Paradise Municipal Code Relative to the Central Business District; Vending Licenses; Farmers Markets; and the Walkable Downtown Core”.  Town of Paradise Ordinance No. ____, “An Ordinance Amending Text Regulations within Paradise Municipal Code Title 5 [Business Licenses] and Title 17 [Zoning] Relative to the Central Business Zoning District; Vending Licenses; Farmers Markets; and the Walkable Downtown Core”.
 2024 Commercial Market Opportunity Assessment, Peloton Research + Economics 289

TOWN OF PARADISE

NOTICE OF PUBLIC HEARING

PARADISE TOWN COUNCIL
NOTICE IS HEREBY GIVEN by the Paradise Town Council that a public hearing will be held on Tuesday, February 11, 2025 at 6:00 p.m. in the Paradise Town Hall Conference Room, 5555 Skyway, Paradise, CA, regarding the following matter:
a. Item determined to be exempt from environmental review under CEQA Guidelines section 15061(b)(3) (General rule exemption)
PARADISE MUNICIPAL CODE: Town Council consideration of a Planning Commission resolution recommending Town Council adoption of proposed text amendments to the zoning regulations in Paradise Municipal Code (PMC) Title 17 (Zoning Ordinance) and Title 5 (Business Taxes, Licenses, and Regulations). If adopted by the Town Council, the amendments would: 1. identify the boundaries of a Walkable Downtown Core within the Central Business zoning district; 2. amend the land use regulations within the Central Business zoning and the Walkable Downtown Core; 3. amend the vending license regulations to allow food trucks in the Central Business zone; and 4. amend the temporary use permit regulations to allow farmers markets in the Central Business zone.

Melanie Elvis
Town Clerk
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PROJECT DESCRIPTION:

Town Council consideration of a Planning Commission Resolution that recommends Town Council adoption of proposed text amendments to the zoning regulations in Paradise Municipal Code (PMC) Title 17 (Zoning Ordinance) and Title 5 (Business Taxes, Licenses, and Regulations). If adopted by the Town Council, the amendments would: 1. identify the boundaries of a Walkable Downtown Core within the Central Business zoning district; 2. amend the land use regulations within the Central Business zoning and the Walkable Downtown Core; 3. amend the vending license regulations to allow food trucks in the Central Business zone; and 4. amend the temporary use permit regulations to allow farmers markets in the Central Business zone.

HEARING BODY: PARADISE TOWN COUNCIL MEETING DATE: 02/11/2025 291

NOTICE OF EXEMPTION
To: File
From: Town of Paradise, Development Services Department, Planning Division, 6295 Skyway, Paradise, CA 95969
Project Title: PMC Title 17 [Zoning] & Title 5 [Business Licenses] Text Amendments
Project Applicant: Town of Paradise
Project Location: N/A
Project Description: Amendments to the Town zoning ordinance and business license ordinance relating to the permitted uses within the Central Business zoning district and the Walkable Downtown Core.

Contact Person: Susan Hartman, Planning Director
(530) 872-6291 x424
Signature:

Date: 12/16/2024_____________
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TOWN OF PARADISE
ORDINANCE NO. ____

AN ORDINANCE AMENDING TEXT REGULATIONS WITHIN
PARADISE MUNICIPAL CODE TITLE 5 [BUSINESS LICENSES] TITLE 17 [ZONING] RELATIVE TO THE CENTRAL BUSINESS ZONING DISTRICT; VENDING LICENSES; FARMERS MARKETS; AND THE

WALKABLE DOWNTOWN CORE
SECTION 1. Section 5.11.035 shall be deleted from Chapter 5.11 [Vending-Hawking-PeddlingSales] of the Paradise Municipal Code as follows:

5.11.035 Paradise Downtown and other areas.

Except as otherwise provided in this chapter, any license issued by the planning director authorizing vending, hawking, peddling, or sales activity upon outdoor locations within the town adopted Paradise Downtown Revitalization Master Plan Area [Downtown] shall be subject to the following conditions:

A. All licensed hawking, peddling and vending sales activities upon outdoor locations within the Downtown shall be restricted to four (4) consecutive days or less and must be directly linked to a special community event sponsored by either a non-profit group/organization and/or a public entity recognized by the Town of Paradise.

B. Other than those activities linked to a special community sponsored event, any, and all licensed hawking, peddling and vending sales activities upon outdoor locations outside the Downtown shall be subject to all other provisions of this chapter.

C. Notwithstanding items A. and B., licensed full-time vending in the Downtown area shall be allowed if the vendor's commissary or brick and mortar restaurant is in the Downtown area. No vending licenses under this subsection shall be issued or in effect after December 31, 2023.

SECTION 2. Subsection “B” of Section 17.20.100 [Specific Purposes] of the Paradise Municipal Code shall be amended to read as follows:

17.20.100 Specific purposes.

The following purposes apply to the specific commercial zones.

B. The central-business zone is intended for land areas located within the central commercial (downtown or core) area of Paradise and that provide for commercial retail and service uses, public uses, professional and administrative office uses, and multiple-family residential uses. The central-business zone is consistent with the central-commercial (C-C) land use designation of the Paradise general plan and it is potentially consistent with the town-commercial (T-C) Paradise general plan land use designation. Within the central-business zone, the Walkable Downtown Core (WDC) shall be established by this title and have the boundaries shown on the Walkable Downtown Core map which is adopted concurrently herewith. 300
SECTION 3. Section 17.20.200 of Chapter 17.20 [Neighborhood-Commercial (N-C), CentralBusiness (C-B) and Community-Commercial C-C) Zones] of the Paradise Municipal Code shall be amended to read as follows:

17.20.200 Permitted and conditional uses.

In the neighborhood-commercial, central-business and, community commercial zones, and the walkable downtown core, the following land uses are permitted where indicated by the letter "P," and are uses permitted subject to town issuance of a conditional use permit where indicated by the letter "C." Uses indicated by the letter "S" are permitted uses with town approval and issuance of a site plan review.

Uses identified with the letter "A" are permitted land uses upon town approval and issuance of an administrative permit.

P/C/S Uses

N-C C-B WDC C-C
- P P A Administrative service
S A A - Agricultural employee housing, limited residential C - - C Auto body repair
C S - - A Auto repair
- S S A Auto sales (indoor)
- - - S Auto sales (outdoor)
S A P P P Bed and breakfast
- - P P C Body piercing/tattoo shop
P P P P Business office
- A A P Business services
- S S S Business/trade school
- - - C Campground
- - - S Car washing
- S P P S Club or lodge
C P P S Cocktail lounge
C C P P S Commercial recreation (indoor)
- - P P C Commercial recreation (outdoor)
C - - C Community care facility
- - - S Convalescent service
C - - C Construction sales and service
A P P P Consumer repair
- A P P A Cultural service
C C P P S Day care facility
- P P C Drive-in theater/outdoor amphitheater
P P P* P Dwelling, accessory (with permitted primary use) *only upper floors in WDC
- C C C Educational facility
- - - C Emergency shelters
- - - S Equipment repair
P P P P Family daycare home
- A P P P Financial services
S A P P P Food sales
- - - C Fuelwood sales
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- C C S Funeral home
P P P P Guidance service (limited)
- - - C Kennel (indoor)
- - - S *Large collection recycling facility
- - - C Large retail project
- C - - S Laundry services
- - - C *Light processing recycling facility
C C P P P Liquor sales
S S P P P Manufacturing (custom)
- - - C Manufacturing (light)
S A P P P Medical offices
- - - C Mobile home park
- - - S Mobile home sales
- S S S Motel or lodging
- S P* S Multiple-family residence (*only upper floors in WDC) P P P P Open space
- S P P C Park and recreation
- A P P A Parking facility (public)
- S S S Parking facility (private-commercial)
S A A P Personal improvement
S P P P Personal services
S A A P Pet services
- P P P Pet shop
S S S S Postal facility
P P P P Professional office
- C C C Public assembly
- C C C Religious assembly
- C C S Research services
- - - S Residential, group
C A P P P Restaurant
S P P P Retail services
A A A A *Reverse vending machine
S A A S Safety service
- - - S Service station
S A - - Single-family residence
A A A A *Small collection recycling facility
- - - C Towing service/vehicle impound
- A A S Transportation service
- C C C Transportation terminal
- S - S Two-family residence (density applied)
P P P P Utility service (minor)
C C C C Utility service (major)
- C C S Veterinary service
- - - C Warehouse (general)
- - - P Warehouse (limited)
- A A A Wastewater treatment/disposal utility
* Refer to Chapter 17.40.
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SECTION 4. Subsections “G” and “I” of Section 17.32.100 [Temporary Use Regulations] of the Paradise Municipal Code shall be amended to read as follows:

17.32.100 Temporary use regulations.

The following temporary land uses shall be allowed subject to the regulations set forth within this chapter. Note: All temporary land uses that include food sales require a permit from the Butte County department of public health.

G. Outdoor special sales, outdoor art and craft shows or exhibits, swap meets, farmers markets, flea markets, parking lot sales, or similar sales activities, limited to sites in C-C, CB, C-F and C-S zoning districts, including the walkable downtown core, and to operation operate for not more than three (3) consecutive days or more than a total of twenty-one (21) days in the same year: permitted and subject to the business licenses regulations of Chapter 5.11 of this code.

I. Seasonal retail sale of agricultural or horticultural products, including farmers markets, raised off the premises and limited to sites in C-C, C-B, C-F or C-S zoning districts, including the walkable downtown core: permitted and subject to the business licenses regulations of Chapter 5.11 of this code.
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SECTION 5. The attached Walkable Downtown Core map is hereby adopted by reference. 304
SECTION6. CEQA COMPLIANCE. The Town Council finds and determines that the enactment of this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines section 15061(b)(3) (General Rule Exemption).

SECTION 7. This ordinance shall take effect thirty (30) days after the date of its passage. Before the expiration of fifteen (15) days after its passage, this ordinance or a summary thereof shall be published in a newspaper of general circulation published and circulated within the Town of Paradise along with the names of the members of the Town Council of Paradise voting for and against same.

PASSED AND ADOPTED by the Town Council of the Town of Paradise, County of Butte, State of California, on this day of , 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Steve Crowder, Mayor
ATTEST:
___________________________________
Melanie Elvis, Town Clerk/Elections Official
APPROVED AS TO FORM:
________________________________
Scott E. Huber, Town Attorney
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Town of Paradise
Council Agenda Summary
Date: February 11, 2025
Agenda Item: 6(a)
ORIGINATED BY: Jessica Erdahl, Supervising Project Manager REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: On-System Road Rehabilitation Project– Clark Road 2025 – PSE Approval and Authorize Advertisement for Bids.

LONG TERM
RECOVERY PLAN:

Yes, Tier 1
COUNCIL ACTION REQUESTED:

1. Adopt Resolution No. 2025- , “A resolution of the Town Council of the Town of Paradise approving the plans, specifications and estimate for the On-System Road Rehabilitation Project – Clark Road 2025 and authorizing advertisement for bids on the project”. (ROLL CALL VOTE)
Background:

Due to the ongoing recovery effort and debris removal operations within the Town and Butte County, the Town’s on-system roadway infrastructure sustained heavy damage in the wake of the Camp Fire. The pavement structural sections were damaged in two ways:

1. Pavement scarring due to car fires – On the day of the Camp Fire, several motorists were required to abandon their vehicles and continue evacuating on foot. The subsequent car fires damaged the pavement, justifying the need for repair.

2. Pavement structural section damage due to heavy truck traffic – Following the Camp Fire, the Town experienced a staggering level of truck traffic. During the CALOES Debris Removal effort, over 3.7 million tons of material was removed, equivalent to approximately 300,000 truckloads. During that same period, PG&E, Comcast, and AT&T restored their damaged distribution infrastructure. Additionally, PG&E removed over 92,000 trees, and an additional 100,000 trees were removed in 2020 as part of the Hazard Tree Removal Program. The volume of trucks using the Town’s on-system roads has resulted in damage to the pavement structural section, justifying the need for rehabilitation.

The Town coordinated with Caltrans and Federal Highways Administration (FHWA) to secure Emergency Relief permanent restoration funding to repair damaged on-system roads town wide.

Through the Emergency Relief Program, the Town of Paradise has been approved for $55,439,200 for the on-system road rehabilitation project. The approved project is located on Federal-Aid “On-System” roads – meaning the Town’s primary collectors and arterials such as Skyway, Clark, Pearson, Elliott, Bille, Wagstaff, Pentz, etc.

On November 10, 2020, Paradise Town Council awarded master on-call contracts to Mark Thomas, Dokken Engineering, GHD, Inc., Wood Rodgers, Inc. and Dewberry Drake Haglan to perform on-call professional civil engineering services for a variety of local, state, and federallyfunded projects. Subsequently, in January 2021, task orders were issued to Mark Thomas, 366
Dokken Engineering, and Wood Rodgers, Inc. to perform civil design services on the on-system road rehabilitation project.

The overall scope of work for the combined Road Rehabilitation and HSIP Project can be summarized as follows:
 Repair Camp Fire damaged on-system roads to achieve a pre-fire condition.  Improve safety at two stop-controlled intersection with a combination of striping, warning/regulatory signs, improved pavement markings and providing improved sight triangles.

On June 14, 2022 Paradise Town Council awarded Contract No. 7303.1.CON, 2022 On-System Roadway Rehabilitation –Skyway (Project 1) to Baldwin Contracting Company, Inc. dba Knife River Construction in the amount of their base bid plus additive bid #1,$5,069,864.78.

On January 10, 2023 Paradise Town Council awarded Contract No. 7303.2.CON, 2023 OnSystem Roadway Rehabilitation – Pearson (Project 2) to Baldwin Contracting Company, Inc. dba Knife River Construction in the amount of their base bid,$5,339,517.50.

On June 18, 2024 Paradise Town Council awarded Contract No. 7303.3 CON, REBID 2024 OnSystem Road Rehabilitation /HSIP Systemic Intersection Safety Improvement Project to Baldwin Contracting Company, Inc. dba Knife River Construction in the amount of their base bid, $4,835,562.88.

The plans and specifications for the project are on file in the Public Works office for review.

A vicinity map of the On-System Road Rehabilitation Project – Clark Road 2025 limits are provided in this Agenda Summary.

Analysis:

The On-System Road Rehabilitation project is consistent with priorities identified in the Paradise Long-Term Recovery Plan prepared in response to the 2018 Camp Fire and necessary to restore roadway infrastructure to a pre-fire condition.

Road rehabilitation projects will be identified based on utility undergrounding completion. As segments of utilities are nearing completion, the Town of Paradise will identify and bid specific segments of roadways as individual projects. The goal of this approach is to maximize efficiency, partnership and remain good stewards of precious public funds and community impacts by reducing excavations into recently rehabilitated roadways.

With Council approval of the plans and specifications and authorization to advertise for bids, staff proposes the following schedule:

Project 4 (2025) – Clark Road (2.1 miles).

Advertise for bid: February 2025
Award Contract: April 2025
Construction: July 2025
Future Project 5 (2025) – Bille Road, Elliott Road, Pearson Road, Buschmann Road, Almond Road, Foster Road (6 Miles)
PSE Approval March 2025
Advertise for bid: March 2025
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Award Contract: May 2025
Construction: July 2025
Financial Impact:

FHWA Emergency Relief funds have been authorized for construction and construction engineering phases at actual documented cost incurred.

The total estimated construction and construction engineering cost for the On-System Road Rehabilitation Project – Clark Road 2025 is $8,152,441.41. The estimated funding breakdown is shown below. A detailed project accounting description for each project bid will be made available at the time of contract award.

On-System Road Rehabilitation Project – Clark Road 2025 Contract Items
Total
Estimated
Cost
ER 38Y0(012)

75.25%

CDBG-DR
ER Match

24.75%
NonParticipating
(Utility
Adjustments)
Construction Project 4 -
2025 Clark
$
6,521,953.13
$
4,855,094.73
$
1,596,858.40
$
70,000.00
Contingency (10%)
$
652,195.31
$
485,509.47
$
159,685.84
$
7,000.00
Construction Management
(15%)
$
978,292.97
$
728,264.21
$
239,528.76
$
10,500.00
Total
$
8,152,441.41
$
6,068,868.41
$
1,996,073.00
$
87,500.00
Total Available Funding
$
34,468,232.88
$
25,831,018.50
$
8,549,714.38
$
87,500.00
Balance
$
26,315,791.47
$
19,762,150.09
$
6,553,641.38
$
-
Required On-System Road matching funds, $1,1,996,073 (24.75%), will be funded by Community Development Block Grant-Disaster Recovery fund.

Attachments:

A. Project Map Clark Road 2025
B. Resolution
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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 ±
0 0.5 1
Miles
OONN--SSYYSSTTEEMM RROOAADD RREEHHAABBIILLIITTAATTIIOONN PPRROOJJEECCTT -- CCLLAARRKK RROOAADD 22002255

FFHHWWAA

TOWN OF PARADISE

PUBLIC WORKS DEPARTMENT
5555 Skyway Road
Paradise, California 95969 J ERDAHL
JAN 2025

PROJECT

LOCATION
MAP
Clark Road
369

TOWN OF PARADISE
RESOLUTION NO. 2025- ____

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE APPROVING THE PLANS, SPECIFICATIONS AND ESTIMATE FOR THE ONSYSTEM ROAD REHABILITATION PROJECT – CLARK ROAD 2025 AND AUTHORIZING ADVERTISEMENT FOR BIDS ON THE PROJECT.

WHEREAS, on-system roads sustained damage as a result of the Camp Fire; and,
WHEREAS, the Town of Paradise has received a $55,439,200 allocation of Federal Highway Administration Emergency Relief Program funds; and, WHEREAS, the purpose of the Emergency Relief Program is Repair or reconstruction of Federal-aid highways and roads (“On-System”) which have suffered serious damage as a result of natural disasters; and,
WHEREAS, eligible repairs may include, but are not limited to, damage occurring to pavement or other surface courses, shoulders, embankments, cut slopes, roadside development, and stream channels, whether man-made or natural. Pavement repairs or reconstruction may also include rock slope protection, cribbing, or other stream bank control features, bridges, retaining walls, culverts and debris removal, including other deposits from roadway drainage channels and the traveled way; and, WHEREAS, the On-System Road Rehabilitation Project – Clark Road 2025 is consistent in scope with the approved Emergency Relief Program funds; and, WHEREAS, the On-System Road Rehabilitation Project – Clark Road 2025 is consistent with priorities identified in the Paradise Long-Term Recovery Plan prepared in response to the 2018 Camp Fire.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Paradise as follows:

Section 1. The design, plans, specifications and estimate for the On-System Road Rehabilitation Project – Clark Road 2025 described in the Town Council Agenda Summary for this Resolution are hereby approved.

Section 2. The Public Works Department is authorized to advertise the OnSystem Road Rehabilitation Project – Clark Road 2025. 370

TOWN OF PARADISE
RESOLUTION NO. 2025- ___
2 PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 11th day of February 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

Steve Crowder, Mayor
ATTEST:

Melanie Elvis, Town Clerk
APPROVED AS TO FORM:

Scott E. Huber, Town Attorney
371

Town of Paradise
Council Agenda Summary
Date: February 11, 2025
Agenda Item: 6(b)
ORIGINATED BY: Marc Mattox, Public Works Director
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Camp Fire Road Rehabilitation Update

LONG TERM
RECOVERY PLAN:

Yes, Tier 1
COUNCIL ACTION REQUESTED:

1. Hear an informational update relating to the Town’s progress for completion of FEMA and FHWA funded Camp Fire repairs to public roadways; and,

2. Provide direction on reviewing the Town’s CDBG-DR Action Plan and budget at the March 11, 2025 Council meeting.

Background:

1. Pavement scarring due to fires associated with burning vehicles – On the day of the Camp Fire, several motorists were required to abandon their vehicles and continue evacuating on foot. The subsequent car fires damaged the pavement, justifying the need for repair.

The Town coordinated with Caltrans and Federal Highways Administration (FHWA) to secure Emergency Relief permanent restoration funding to repair damaged on-system roads town wide.

Through the Emergency Relief Program, the Town of Paradise has been approved for $56,517,998 for the on-system road rehabilitation project. The approved project is located on Federal-Aid “On-System” roads – meaning the Town’s primary collectors and arterials such as Skyway, Clark, Pearson, Elliott, Bille, Wagstaff, Pentz, etc. The Performance Period End Date (deadline for grant close-out) of the On-System Road Rehabilitation Project as a whole is September 30, 2028.

The Town also coordinated with the Federal Emergency Management Agency (FEMA) to secure Public Assistance permanent restoration funding to repair damaged off-system roads town wide. 372
Through the Public Assistance Program, the Town of Paradise has been approved for $43,205,510 for the off-system road rehabilitation project. The approved project is located on “Off-System” roads. Off-system roadway rehabilitation include roadways that are not on the onsystem roadways – typically local roads such as residential and minor roadways.

On November 10, 2020, Paradise Town Council awarded master on-call contracts to Mark Thomas, Dokken Engineering, GHD, Inc., Wood Rodgers, Inc. and Dewberry Drake Haglan to perform on-call professional civil engineering services for a variety of local, state, and federallyfunded projects. Subsequently, in January 2021, task orders were issued to Mark Thomas, Dokken Engineering, and Wood Rodgers, Inc. to perform civil design services on the on-system road rehabilitation project.

Analysis:

Construction work between both On- and Off-System Road Rehabilitation Projects has been ongoing since 2022.

There are many challenges with delivering these projects, which require significant coordination for sequencing and capacity of the community. Most notably, each contract that is awarded for both On- and Off-System Road Rehabilitation has been carefully crafted to ensure that the unprecedented town-wide undergrounding and water service lateral replacement program efforts have been completed within the proposed paving area. This is done to ensure the highest return on investment for the best public benefit, ensuring that in most cases, newly renovated roadways are not immediately excavated with planned work. This coordination has delayed the overall projects’ delivery from close of 2025 to close of 2026.

Secondly, these projects are also scoped in a manner to ensure the overall capacity of the community to handle the volume of construction work occurring at any given time is not exceeded.

Between ongoing recovery efforts associated with rebuilds, undergrounding and utility work, it is challenging, if not impossible, to achieve day-to-day transportation without reaching unpredictable delays due to ever-changing temporary traffic controls. As a result, paving the entire Town all at once was not feasible.

On August 13, 2024, Paradise Town Council gave staff direction to proceed with paving roadways covered by the FEMA and FHWA damage repair projects which are also included in the Paradise Sewer Project. This decision acknowledges the fact that the delivery of the Sewer Project is too far behind the timelines needed for roadway repaving and that any work completed with the Sewer Project would comply with the recently adopted paving restoration moratorium requirements.

As of January 2025, the following paving progress can be reported:

August 2024 January 2025
Completed 25.3 miles 40.7 miles
Awarded/In-Progress 21.3 miles 5.9 miles
Planned 2025/2026 50.3 miles 49.6 miles
Total 96.2 miles 96.2 miles
A noteworthy issue has come to light in the last month relates to the paving on Deer Creek Lane and Posey Lane this fall. Following extensive coordination between Town Staff and utility companies, these roads were cleared to be added to our paving list and moved ahead from spring 2025 to fall 2024. Accordingly, paving work was completed by Knife River Construction. In midDecember, Town staff received an encroachment permit application from AT&T for their undergrounding along Deer Creek and Posey. At this time, AT&T’s work is paused and the teams 373
are exploring resolutions which could either avoid retrenching of the roads altogether or repave the entire roadways following work completion either by AT&T forces or Town forces with reimbursement by AT&T. Staff will continue to monitor this issue and report to Council and affected neighborhood of next steps/timing.

Financial Impact:

On-System Road Rehabilitation Financial Summary
Below is a brief summary of the On-System Road Rehabilitation Project’s financial status.

Authorized - $56,517,998
Expended - $18,208,086
Encumbered - $2,273,943
Remaining – $36,035,969
Staff continues to work with Housing & Community Development staff on an issue relating to the use of CDBG-DR Infrastructure funds for FHWA Emergency Relief Program work which was completed prior to execution of the Master Agreement for the funds. The core issue stems from the varying processes in federal environmental reviews between HUD and FHWA. At present time, HCD staff is assisting HUD with a review of the completed work and potential pathways for approval. In the event a favorable resolution is unable to be achieved, the Town’s match requirement across four On-System FHWA Projects, including a portion of the On-System Road Rehabilitation Project, may need to be backfilled with local funds totaling up to $3,917,416.

Recently, HCD staff has notified the Town that under recent legislation, H.R.10545 - American Relief Act, 2025, Congress approved language which likely provides a path for HCD to adopt the FHWA environmental reviews for projects that are under constructions or completed, so long as actions proposed are substantially the same and that other provisions are met.

HUD will release official guidance when they issue the Federal Register Notice, which was expected to be released in January 2025. Following the release of the Notice, HCD will prepare the environmental review adoption process and alert the Town of the necessary steps.

Off-System Road Rehabilitation Financial Summary
Below is a brief summary of the Off-System Road Rehabilitation Project’s financial status.

Authorized - $43,205,510 (FEMA PA+CDBG-DR)
Expended PE/CE/CON - $16,958,399
Encumbered – $3,906,437
Remaining - $22,340,674
During the design process of the Off-System Road Rehabilitation Project, engineering design and code requirements required several modifications of the approved scope of work listed in the FEMA Public Assistance Project Worksheet. This cost-neutral scope change was submitted to CalOES and FEMA in March of 2022. Following consultations with CalOES and FEMA, a recommendation was made for the Town to make a request for a conversion to an Improved Project in accordance with 44 CFR 206.203(d)(1), copied on the next page:
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Improved projects. If a subrecipient desires to make improvements, but still restore the pre-disaster function of a damaged facility, the recipient's approval must be obtained.

Federal funding for such improved projects shall be limited to the Federal share of the approved estimate of eligible costs.

This designation allows the Town and FEMA to avoid arduous reviews and clarifications on the requested scope change and move forward towards completion. The major caveat with an Improved Project is that in the event project work exceeds the original allocation amount, no additional funds may be awarded – meaning potential cost increases would be borne by the Town of Paradise. Unchanged, however, only incurred actual costs up to the approved amount could be reimbursed. Staff reviewed the impacts of this potential action and Paradise Town Council approved the Improved Project request on November 7, 2022. On July 14, 2023, the Town of Paradise received formal notification of this request being approved. As a budgetary mitigation measure for potential cost increases, Town staff recommended allocation of $5M in CDBG-DR funds to account for our local share and increased contingency of the improved project.

During the course of closing out the 2023 Off-System Road Rehabilitation Project, ongoing progress of the 2024 Off-System Road Rehabilitation Project and forecasting available budgets, staff is highlighting a need to address a potential funding shortfall. Using recent projections, an additional $3.0M in CDBG-DR funds will be needed to complete the overall project. In short, the increased costs associated with the project can be summarized below:

Treatment Changes
 Roadway conditions are worse than when originally surveyed in 2020, resulting in more pulverization and full depth reclamation
Driveways
 Design strategy changed in 2024 to conform outside of roadway do to issues with rideability, constructability and property impacts.

Monumentation
 Original design did not account for all recorded monumentation that by law have to be protected or replaced.

Action Requested:

Staff is recommending direction from Council to review all road projects scoped within the Town’s CDBG-DR Action Plan to assess the current budget status in comparison to original estimates considering industry-wide cost increases as well as pending and received grant award/non-award notifications.
375

Town of Paradise
Council Agenda Summary
Date: February 11, 2025
Agenda Item: 6(c)
ORIGINATED BY: Marc Mattox, Public Works Director
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Facilities Ad Hoc Committee

LONG TERM
RECOVERY PLAN:

Yes
COUNCIL ACTION REQUESTED:

Consider adopting a motion relating to the following actions:

1. Appoint two Council Members to serve on the Facilities Ad Hoc Committee to review and advise on next steps relating to the Town of Paradise’s overall facilities as well as facilities replacement needs resulting from the 2018 Camp Fire.

Background:

The Town of Paradise lost five structures resulting from the 2018 Camp Fire, listed below:
 Fire Station 83 (Wagstaff Road)
 Public Works Corporation Yard (American Way)
 Quonset Hut (Pearson Road at Sierra Park Drive)
 Pentz Road Residence (Pearson Road at Pentz Road)
 Jeffords Building (Black Olive Drive)
Analysis:

Since the 2018 Camp Fire, various staff, consultants, and legal teams have been working with the Town’s insurance provider with recent resolutions reached. In this time, the Town of Paradise’s progress in facility recovery has been hamstrung by the uncertainty to budget and value of losses that can be dedicated to rebuilding.

Staff is requesting Paradise Town Council Appoint two Councilmembers to serve on a Facilities Ad Hoc Committee to review and advise on next steps relating to the Town of Paradise’s overall facilities as well as facilities replacement needs resulting from the 2018 Camp Fire. A potential work plan of the Committee will include an overview of existing facilities in conjunction with reviewing Department needs.

Financial Impact:

None at this time. Ultimately, the Committee could review and advise on potential replacement costs of structures to be brought to the full Council.
376

Town of Paradise
Council Agenda Summary
Date: February 11, 2025
Agenda Item: 6(d)
ORIGINATED BY: Marc Mattox, Public Works Director
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Advance Payment of Previously Approved Purchase Pierce Type 3 Fire Engine

LONG TERM
RECOVERY PLAN:

Yes
COUNCIL ACTION REQUESTED:

Consider adopting a motion relating to the following actions:

1. Consider authorizing the Town Manager to issue advanced payment for previously Town Council approved purchase of Pierce Type 3 Fire Engine; Background:

On August 17, 2023, Paradise Town Council authorized the Town Manager to execute the necessary documents to order and purchase a Type 3 Pierce International BX3 Fire Engine based on the needs of the Town’s fleet to provide fire protection services.

Type 3 fire engines are specifically designed to be used in the wildland urban interface setting carrying tools and equipment to fight fires on and off road. Some of the distinct differences between the Town’s municipal fire engines and a Type 3 include 4X4 off road capabilities along with increased ground clearance to traverse uneven terrain. The Town has set goals to maintain at least one primary Type 1 (municipal) and Type 3 (wildland) primary fire engine at each of its fire stations. This fleet allows the Town to cross staff its engines and maintain the highest levels of service during all workload demands.

As directed by Council, staff placed the order for a new Type 3 Engine to replace the Town’s 2001 Type 3 Engine servicing Fire Station 82. The lead time for the new Type 3 Engine at the time of order was 3 years.

The quoted purchase price of the new Type 3 Engine was $630,459.80. With minor estimated loose equipment item needs ($30,000), Council approved a budget amount of $660,000 for this purchase. Council approved using $330,000 in Measure V funds for Fiscal Years 2024/25 and 2025/26 to cover the cost of the engine procurement.

Analysis:

In the 2024/2025 budget process, the approval of the off-cycle purchase for this Engine was inadvertently omitted – however, the order for the engine was placed and payment is not required until 15 days before taking possession of the Engine. After staff confirmed the order is still active, Golden State Fire Apparatus offered the Town of Paradise its discount for 100% Pre-Payment 377
(usually only offered at time of order). This discount and updated quote is attached to this Agenda Summary. The total discount is $28,827.76, with a revised purchase price of $599,397.89.

Staff is recommending Council authorize the pre-payment of the Type 3 Engine.

Financial Impact:

The revised quoted purchase price of a new Type 3 Engine is $599,397.89. Staff is recommending utilizing Measure V Ending Fund Balance to cash-flow the purchase. A reduction in budgeted items will replenish the Measure V Ending Fund Balance in the FY2025/26 and FY2026/27 Measure V funds will be utilized to fund the $30,000 Engine loose equipment.

Measure C, the 0.50% six-year temporary transaction and use tax, expired on March 31, 2021.

Measure V represents a ten-year continuation of this 0.50% temporary transaction and use tax, which will automatically expire on March 31, 2031. The primary uses of Measure V funds have been to support the Town’s Police, Fire, Public Works and Animal Control services.

Payment for the Engine would be made upon Council approval. 378
www.goldenstatefire.com | 7400 Reese Road, Sacramento, CA 95828 | Office 916.330.1638 | Fax 916.330.1649 Town of Paradise
767 Birch Street
Paradise, CA 95969

INVOICE
Date Invoice # Your Order # Our Order # Terms
01/25/2025 765710 2025-00000002 41658 Net 15 Days

# Description Unit Price
A One (1) Pierce Manufacturing, Inc. International BX3 Type 3 Engine 592,915.75 B Discount Sourcewell Consortium Purchase (7,811.99)
C Discount For 100% Pre-Payment at Time of Order (28,827.76) D SUBTOTAL 556,276.00
E 7.75% State Sales Tax 43,111.39
F California Tire Fee 10.50
G GRAND TOTAL (AMOUNT DUE GSFA) 599,397.89
379

Town of Paradise
Council Agenda Summary
Date: February 11, 2025
Agenda Item: 6(e)
ORIGINATED BY: Jim Goodwin, Town Manager
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Ad Hoc Committee for Cal Fire Contract Negotiation

LONG TERM
RECOVERY PLAN:

No
COUNCIL ACTION REQUESTED:

1. Consider appointing two members of the Town Council to serve as an Ad Hoc CAL FIRE Contract Negotiations Committee.

Background:

The Town of Paradise currently has a contract with Cal Fire for fire protection and emergency response services within the town limits of the Town of Paradise. The current 4-year contract expires on June 30, 2025.

Analysis:

Staff is requesting the Town Council appoint two members of the Town Council as an Ad Hoc Committee for CAL FIRE Contract negotiations. The committee will meet with CAL FIRE representatives, along with the Town Manager and Finance Director, to negotiate an acceptable agreement for ongoing services. Negotiations will begin in March with the goal of approving a new agreement before June 30, 2025.

Financial Impact:

There is no General Fund impact in appointing the committee and negotiating an agreement. The financial impact of a new agreement will be presented when a new contract is considered by the Town Council at a later date.
380

Town of Paradise
Council Agenda Summary
Date: February 11, 2025
Agenda Item: 6(f)
ORIGINATED BY: Colette Curtis, Recovery and Economic
Development Director
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Pioneer Energy Community Choice Aggregation Second Reading and Resolution to join JPA

LONG TERM
RECOVERY PLAN:

No
COUNCIL ACTION REQUESTED:

1. Waive second reading of the entire Town Ordinance No. 641 and approve reading by title only; and,

2. Adopt Town Ordinance No. ___, " An Ordinance of the Town Council of the Town of Paradise Authorizing Implementation of a Community Choice Aggregation Program in the Town of Paradise Under Public Utilities Code Section 366.2.” and,

3. Adopt Resolution. No. 2025-__ “A Resolution of the Town Council of the Town of Paradise Requesting Membership in Pioneer Community Energy and Approving the Amended and Restate Joint Exercise of Powers Agreement as Amended Through Amendment No. 6.” (ROLL CALL VOTE)
Background:

Pioneer Community Energy (Pioneer) is a Joint Powers Authority formed between the Counties of Placer and El Dorado, the Town of Loomis, and the Cities of Auburn, Colfax, Grass Valley, Lincoln, Nevada City, Placerville, and Rocklin.

Pioneer is a Community Choice Aggregation Program (CCA) authorized under Assembly Bill 117 (2002). The CCA provides local control over the electricity supply with a primary objective of providing competitive rates to the residents and businesses within its member jurisdictions.

Pioneer purchases the electricity supply (generation), and PG&E transmits and delivers the power through PG&E’s infrastructure (poles and wires). PG&E continues to own, operate, and maintain its distribution infrastructure, as well as to provide meter reading and billing services for Pioneer’s customers.

On July 2nd, 2024, the Pioneer executive team met with the Town Staff and team to discuss the benefits of joining a CCA, how Pioneer may be a fit for their region, and necessary next steps required to join Pioneer.

On July 9, 2024, the Pioneer executive team gave a presentation to the Town Council. This presentation was an overview of the many benefits of CCAs in general and Pioneer specifically.

At this meeting, the Town Council authorized staff to proceed with an Impact Assessment Study. 381
At the December 19, 2024, Pioneer Governing Board meeting, the Board approved unanimously to allow staff to begin the process of amending the JPA to allow the Counties of Butte, Nevada, Sutter, and Tuolumne; the Cities of Chico, Oroville, Live Oak, Sonora, and Yuba City; and the Town of Paradise to join.

Butte County has the second reading of their ordinance scheduled for February 11th as well, and the Cities of Oroville and Chico have their second readings scheduled for February 18th.

Analysis:

On January 14, 2025, Paradise Town Council approved Ordinance No 641. At that time Council asked for assurance that customer’s solar status will remain in place if a customer opts out of Pioneer Energy at a later date. Town staff has received this confirmation from PG&E that NEM status will remain in place, regardless of a customer’s affiliation with Pioneer Energy.

If tonight’s second reading is approved, and Council votes to adopt the resolution to join Pioneer Energy JPA, Pioneer plans to submit an Implementation Plan detailing Pioneer’s expansion and planned service launch to the CPUC in March 2025. Based on results of the Impact Assessment Study, the optimal time for a service launch into the Town of Paradise is October 2027, which allows Pioneer’s procurement team the time needed to secure power resources while remaining in compliance and avoids the costly summer months. Pioneer will work with the Town of Paradise on a comprehensive education and outreach campaign to ensure a strong public understanding of expansion into each area.

According to Pioneer Energy, Grass Valley and Nevada City launched in January of 2024, and their participation rates for the year have been at 97%, meaning 3% of their population elected to opt out.

Financial Impact:

The fiscal impact was a cap of $15,000, split between jurisdictions to fund half of the cost of the Impact Assessment Study with Pioneer funding the other half. There is no risk to the General Fund as the cost to serve the new members is funded through Pioneer rates. 382
384154.2

TOWN OF PARADISE
RESOLUTION NO. 2025-___

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE REQUESTING

MEMBERSHIP IN PIONEER COMMUNITY ENERGY AND APPROVING THE AMENDED

AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT AS AMENDED THROUGH AMENDMENT NO. 6
WHEREAS, on September 24, 2002, the Governor of California signed into law Assembly Bill 117 (Statute 2002, Chapter 838; see California Public Utilities Code section 366.2; hereinafter referred to as the “Act”), which authorizes any California city or county, whose governing body so elects, to combine electricity load of its residents and businesses in a Community Choice Aggregation program (CCA). The Act expressly authorizes participation in a CCA through a joint powers authority; and
WHEREAS, on September 9, 2015, the County of Placer and the City of Colfax entered into the original Joint Exercise of Powers Agreement for the purpose of establishing the Sierra Valley Energy Authority as a joint powers authority under the Joint Exercise of Powers Act, Government Code section 6500, et seq.; and
WHEREAS, the California Public Utilities Commission certified the “Implementation Plan” of Pioneer, confirming Pioneer’s compliance with the requirements of the Act; and WHEREAS, on February 22, 2017, Pioneer Community Energy (Pioneer) was established as a joint powers authority pursuant to an Amended and Restated Joint Powers Agreement, as amended from time to time, for the establishment of a CCA; and WHEREAS, Resolution No. 2017-3 of the Sierra Valley Energy Authority approved a name change from Sierra Valley Energy Authority to Pioneer Community Energy (“Pioneer”), as it is known today; and
WHEREAS, subsequent amendments to the Amended and Restated JPA have authorized the County of El Dorado and the Cities of Grass Valley, Nevada City, and Placerville to become Voting Members; and
WHEREAS, currently electricity is generated and provided to the residents of Town of Paradise by Pacific Gas and Electric Company (PG&E) with no alternative provider for the Town; and
WHEREAS, the Town finds it important that its residents, businesses and public facilities have alternative choices to energy procurement beyond PG&E; and WHEREAS, in July 2024, the Town and Pioneer began discussions and studies to consider the financial feasibility and assessed risk of the addition of the Town into the service area of Pioneer; and
WHEREAS, having conducted additional discussions with Pioneer and having reviewed the results of the impact analysis co-commissioned by the Town Council Pioneer, the Town believes joining Pioneer will provide financial and other advantages to businesses and residents of the Town by providing alternative choices to energy procurement beyond PG&E; and 383
WHEREAS, the Amended and Restated Joint Exercise of Powers Agreement requires a prospective member to individually adopt a resolution of intent expressing desire to become a member of the Joint Powers Authority, agree to be bound by the Joint Exercise of Power Agreement, and its intention to have the Town of the member’s jurisdiction included in the service Town of the CCA; and
WHEREAS, the Town finds that adoption of this resolution is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines, as it is not a “project” since it has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Reg. § 15378). Further, the resolution is exempt from CEQA, as there is no possibility that the resolution or its implementation would have a significant effect on the environment. (14 Cal. Code Reg. § 15061(b)(3)).

NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Paradise as follows:

Section 1. The recitals above are true and correct and are incorporated into this resolution by this reference.

Section 2. The Town Council of the Town of Paradise hereby expresses its desire to become a member of the Pioneer Community Energy Joint Powers Authority.

Section 3. The Town Council of the Town of Paradise requests that the Board of Directors of Pioneer Community Energy approve the Town as a member of the Pioneer Community Energy Joint Powers Authority.

Section 4. The Town Council of the Town of Paradise approves the Amended and Restated Joint Exercise of Powers Agreement, as amended through Amendment No. 6 (attached hereto as Exhibit A and incorporated as if fully set forth herein) and authorizes the Mayor of the Town to execute same.

Section 5. The Town Council of the Town of Paradise authorizes the Town Manager or designee, to execute other documents necessary or desirable to facilitate membership in Pioneer Community Energy, subject to review and approval by Town Counsel.

Section 6. This resolution shall take effect at the time Ordinance No. 641, authorizing the Implementation of a Community Choice Aggregation Program in the Town, becomes effective.

PASSED AND ADOPTED by Town Council of the Town of Paradise at a regular meeting of the Council, held the 11th day of February, 2025, by the following vote of said Council:

AYES:

NOES:

ABSENT:

ABSTAIN: _______________________
Steve Crowder, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________ __________________________
Melanie Elvis, Town Clerk Scott E. Huber, Town Attorney 384
,/

BEFORE THE BOARD OF SUPERVISORS

COUNTY OF PLACER, STATE OF

CALIFORNIA
In the matter of:

RESOLUTION OF THE COUNTY OF

PLACER AUTHORIZING THE

EXECUTION OF A JOINT EXERCISE

OF POWERS AGREEMENT WITH THE

CITY OF COLFAX, ESTABLISHING

THE SIERRA VALLEY ENERGY

AUTHORITY
Resolution No.: 2015-175
----
The following Resolution was duly passed fl the Board of Supervisors of the County of Placer at a regular meeting held on 8 8/l5 , by the following vote on roll call:

Ayes: DURAN I WEYGANDT, MONTGCMERY, UHLER
Noes: NONE

Absent: HOLMES
Signed and approved by me after its passage.

Attest:

Clerk of said Board \
ct)Q()Jr):;\c\ (lC~.wJC{)
i"'.f f·' •h•.-.t< ,t'' jl <':lfl!J;II Hf '<:) f. ,-.,\'(~ •,r , :ni-/,:;';::~ ;;:;:.;i:.t .~j i'11 i' l.'1 ri:i;, ·(j·;.ICf ,1ifl!-I
Chairman, Board of Supervisors
THE BOARD OF SUPERVISORS (THIS "BOARD") OF THE COUNTY OF PLACER (THE "COUNTY"), STATE OF CALIFORNIA (THE "STATE"), DOES HEREBY RESOLVE THAT:

WHEREAS, the County is a political subdivision of the State, organized and existing pursuant to the Constitution and laws of the State; and 385
WHEREAS, the County and City of Colfax (the "City") have proposed forming a joint powers authority under the provisions of Article 1 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the Government Code of the State of California (the "Joint Powers Law"), for the purpose of providing assistance to the County and City, and any other public agencies that become members of the joint powers authority from time to time in accordance with the Agreement (as defined below) (collectively, the "Members"), with the development and implementation of public and private sector energy and resource development and conservation programs under which local water, energy and economic development needs and goals will be determined, and infrastructure programs will be planned, developed and administered, and with the financing and refinancing of capital improvement projects of the Members and the financing of working capital for the Members; and
WHEREAS, to that end, this Board wishes at this time to approve the execution and delivery of a Joint Exercise of Powers Agreement (the "Agreement") by and between the County and City, establishing the Sierra Valley Energy Authority as a joint powers authority under the Joint Powers Law;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

SECTION 1. This Board hereby specifically finds and declares that the actions authorized hereby constitute, and are with respect to, public affairs of the County, and that the statements, findings and determinations of the County set forth in the preambles above and of the documents approved herein are true and correct.

SECTION 2. Establishment of Sierra Valley Energy Authority. This Board hereby approves the establishment of the Sierra Valley Energy Authority (the "Authority") under the Joint Powers Law, pursuant to the Agreement, in the form on file with the Clerk of the Board of Supervisors. Any member of this Board is hereby authorized and directed to execute, and the Clerk of the Board of Supervisors is hereby authorized and directed to attest and affix the seal of the County to, the Agreement in the name and on behalf of the County.
2 SECTION 3. Authorization to Make Necessary Filings. The firm of Jones Hall, A Professional Law Corporation, as bond counsel to the County, is hereby authorized 386
and directed to cause to be prepared, executed and filed any and all reports, statements and other documents as may be required in order to implement the establishment of the Authority.

SECTION 4. Effective Date. This Resolution shall take effect immediately upon its passage and adoption.
3 387
City of Colfax
City Council
Resolution NQ 35-2015

AUTHORIZING PARTICIPATION OF THE CITY OF COLFAX IN THE JOINT POWERS

AUTHORITY, SIERRA VALLEY ENERGY AUTHORITY, AND APPOINTING A CITY

COUNCIL REPRESENTATIVE AND ALTERNATE
WHEREAS, the City of Colfax (City) and Placer County (County) have proposed forming a joint powers authority in order to provide assistance to the County and City, and any other public agencies that become members of the joint powers authority (collectively, the "Members") for the purpose of financing and refinancing capital lmproyement projects for local water, energy, economic development and infrastructure; and,
WHEREAS, the City Council of the City of Colfax wishes at this time to approve the execution and delivery of a Joint Powers Agreement (the "Agreement") by al)d between the City and the ·county, establishing the Sierra Valley Energy Authority as a joint powers authority under the Joint Powers Law;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Colfax that:

1. The Council hereby authorizes the establishment of the Si.erra Valley Energy Authority pursuant to the attached Agreement. The Mayor is hereby authorized and directed to execute the Agreement in the name and on behalf of the City.

2. The Council designates Mayor Pro Tern Parnham as representative to Sierra Valley Energy Authority and Councilmember Harvey as the alternate.

PASSED AND ADOPTED at the regular meeting of the City Council of the City of Colfax ljeld on the 9th day of September, 2015 by the following vote of the Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Douglass, Harvey, Hesch, Parnham
None
Delfino
None
Clerk
I<.,..,,,. .A !:>~"
Kim A. Douglass., Mayor
I, Lorraine Cassidy, City Clerk of the City of Colfax, County of Placer, California do hereby certify that this is a true and correct copy of the ginal ~tion 35-2015 adopted on September 9, 2015 by the City Council of the City of Colfax. ;t, ne Cas:dy, Ci~6-k
388

JOINT EXERCISE OF POWERS AGREEMENT

FOR THE ESTABLISHMENT OF THE

SIERRA VALLEY ENERGY AUTHORITY
THIS Joint Exercise of Powers Agreement (hereafter "Agreement"), effective as of the date set forth in Section 3, by and between the COUNTY .OF PLACER, a political subdivision of the State of California (the "County") and the CITY OF COLP AX, a general law city and municipal corporation (the "City"), establishes the SIERRA VALLEY ENERGY AUTHORITY (the "Authority").

RECITALS:

A. Whereas, each.of the parties to this Agreement has a vested interest in clean energy growth and development, resource conservation and the economic wellbeing of its respective jurisdiction and the region as a whole; and, B. Whereas, each of the parties to this Agreement desires to enter into this Agreement to provide for assistance with programs that foster clean energy growth and development, resource conservation and the economic well-being of its respective jurisdiction and the region as a whole.

NOW THEREFORE, in consideration of the mutual promises, covenants and conditions herein, the parties hereto agree to establish a joint powers authority as follows:

Section 1. Parties: Authority for this Joint Exercise of Powers Agreement The parties to this Agreement shall be the Com1ty, the City and each public agency that has executed or hereafter executes this Agreement, or any addenda, amendment, or supplement thereto and agrees to become a party to this Agreement, and which has not, pursuant to provisions hel'eof, withdrawn therefrom. Only the parties identified in this section and Associate Members approved under Section 4 of this Agreement, if any, shall be considered contracting parties to this Agreement m1der Government Code section 6502, provided that the rights of any Associate Member under this Agreement shall be limited solely to those rights expressly set forth in a PACE Agreement authorized in Section 4 of this Agreement.

This Agreement is made pursuant to Chapter 5 of Division 7 of Title I of the Government Code of the State of Califomia, commencing with Section 6500 (the "Act") and relates to the joint exercise of power common to the paiiies to this Agreement and the exercise of additional powers granted under the A~t.

Section 2. Creation of Authority
The Authority is hereby created as an authority and public entity under the Act.

As provided in the Act, the Authority shall be a public entity separate from the paiiies to this Agreement. The debts, liabilities and obligations of the Authority shall not constitute 389
debts, liabilities or obligations of the parties to this Agreement.

Within 3 0 days after the effective date of this Agreement or any amendment hereto, the Authority will cause a notice of this Agreement or amendment to be prepared and filed with the office of the Secretary of State of the State in the manner set fmth in sections 6503.5 of the Act. Such notice shall also be filed with the office of the Controller of the State.

Section 2. Purpose of Agreement
The pu!Jlose of the Agreement is to create a sepamte public entity to provide assistance to the parties to this Agreement with the development and implementation of public and private sector energy and resource d_evelopinent and conservation programs·under which local water, energy and economic development needs and goals will be determined, and infrastrncture programs will be planned, developed and'administered, and with the financing and refinancing of capital improvement projects of the parties to this Agreement and the financing of working capital for the patties to this Agreement.

Section 3. Term
This Agreement shall become effective upon execution by all of the parties hereto and shall continue in full force and effect until terminated in the manner herein provided.

Section 4. Powers
The Authority shall have any and all common powers of the parties to this Agreement, and the powers separately confen-ed by law upon the Authority. All such powers, whether common to the parties or separately confen-ed by law upon the Authority, are specified as powers of the Authority except any such powers that are specifically prohibited to the Authority by applicable law. The Authority's exercise of its powers is subject to the restrictioµs upon the manner of exercising the powers of the City.

The Authority is hereby authorized, in its own name, to do all acts necessary for the exercise of said powers, including, but not limited to, any or all of the following:

A. Develop and implement comprehensive energy and resource development and conservation programs within the jurisdiction of the parties to this Agreement under which local energy needs and goals will be dete11nined by input from the parties tci this Agreement, and with assistance of energy development and resource conservation programs, througli which energy and infrastructure programs and enterprises will be planned, conducted, evaluated and implemented.

B. Act as grant recipient, fiscal agent and administrative entity for any available federal, state, local or private sector programs, and disburse and account for fui1ds so received.

C. Make and enter into contracts necessary for day to day operation of the Authority, employ agents and employees, including contracts for the 2 390
services of engineers, attorneys, planners, financial and energy industry consultants and other service providers.

D. Acquire, lease, rent, constrnct, manage, maintain, hold or dispose of property, real, financial or personal, including buildings, public works or improvements, equipment, material and supplies and other assets.

E. Incur debts, liabilities, obligations and to issue bonds, and to make and enter into agreements and other documents of any nature whatsoever as may be necessary or convenient in the exercise of the powers provided tmder the Act. Any bonds, including the principal and any purchase price thereof, and the interest and premium, if any, thereon, shall be special obligations of the Authority payable solely from, and secured solely by, the revenues, funds and other assets pledged therefor tmder the applicable indentures or similar such agreements, and shall not constitute a charge against the general credit of the Authority. The bonds shall not be secured by a legal or equitable pledge of, or lien or charge upon or security intetest in, any property of the Authority or any_ of its income or receipts except the property, income and receipts pledged therefor under the applicable indentures or similar snch agreements. The bonds shall not constitute a debt, liability or obligation of the State or any public agency thereof, including the parties to this Agreement, other than the special obligation of the A11thority as described above. Neither the faith and credit nor the taxing-power of the State or any public agency thereof, including the parties to this Agreement, shall be pledged to the payment of the principal or purchase price of, or the premium, if any, or interest on the bonds nor shall the State or any public agency or instrumentality thereof, including the parties to this Agreement, in any manner be obligated to make any appropriation for such payment. The approval of the Governing Board shall be required for the Authority to incur debts, liabilities and obligations or to issue b011ds, but the approval of the parties to this agreement shall not be required.

F. Establish and operate one or more programs for the financing and refinancing of distribute(\ generation renewable energy, energy efficiency and water efficiency improvements ( each, a "PACE program") pmsnant to Chapter 29 of the Improvement Bond Act of 1911, Division 7 of the California Streets and Highways Code or other applicable law, and to enter into pne or more agreements, includiiig without limitation, participation agreements, implementation agi-eements and joint powers agreements and amendments thereto to fulfill such programs both within·and outside the jurisdictional boundaries of the Authority.

G. Establish an "Associate Member" status that provides membership in the Authority to local jurisdictions that are outside the Authority's original jurisdictional boundaries, but within whose boundaries a PACE program will be established and implemented by the Authority. Said local 3 391
jurisdictions shall become Associate Members of the Authority by adopting one or more agreements or amendments of this Agreement (the "PACE Agreements") on tenns and conditions established by the Authority. The rights of Associate Members shall be limited solely to those terms and conditions expressly set forth in the PACE Agree1nents for the purposes of implementing the PACE program within their jmisdictional boundaries. Except as expressly provided for by the PACE Agreements, Associate Members shall not have any J'ights .otherwise granted to the members of the Authority by this Agreement, including but not limited to the right to vote, the right to amend this Agreement and the right to sit on committees or boards established under this Agreement.

H. Monitor, evaluate and take corrective action concerning perfo1mance specified in any' agreeme_nt, and contracts or agreements into which the Authority has eritered and evaluate the effectiveness of individual programs.

I. Adopt, promulgate and enforce such bylaws, rules and regulations as the Authority deems necessary for operation and management of the Authority and implementation of the pl'ograms.

J. Invest any money pursuant to Section 6505.5 of the Act which is not required for the immediate necessities ofthe Ai.Jthority, as the Authority determines is advisable in the same manner and upon the same conditions as local agencies, pursuant to Section 53601 of the California Government Code. · ·
K. Sue or be sued in its own name.

Section 5. Governing Body; Officers
A. Membership. Except as provided below, the Governing Body of the Authority shall be a five (5) member Board, consisting of one member of the Board of Supervisors that is appointed by the Board of Supervisors, the County Executive Officer for the County, one member of the City Council that is appointed by the City Cotmcil, the City Manager for the Cify and the Placer County Treasurer-Tax Collector.

Each of the Board of Supervisors from the County and the City Council from the City shall also appoint not less than one alternate member. The term of office of each Governing Body mem.ber and alternate(s) appointed by the Board of Supervisors or the City Council, as applicable, may be terminated by such body at any time. ·
The designated alternate shall have authority to attend, participate, and vote at any meeting of the Governing Body whenever the regular member, for whom they are designed to act as an alternate, is absent from the meeting.
4 392
Immediately upon admission of a new member that is not an Associate Member pursuant to Section 15, such member shall be entitled to appoint two members of the Goveming Body.

B. Quomin. The majority of the members of the Governing Body shall constitute a quorum. No action may be taken by the Goveming Body unless a quorum is present and there is an affirmative vote by a majority of the Goveming Body members, except that less than a quonun may adjourn a meeting from time to time.

C. Chairperson. The Chairperson and Vice Chairperson of the Governing Body shall be selected by the.Governing Body from its members. The te1m of office of the Chairperson and Vice Chairperson shall each be one calendar year.

D, Secreiary. The Governing Body shall appoint a Secretary to the Governing Body who shall be the Executive Director of the Authority.

E. Meetings. All meetings of the Governing Body shall be held subject to the provisions of the Ralph M. Brown Act, Division 2, Chapter 9 oftl1e Califomia Government Code (hereafter, the "Brown Act"), .

G, Bylaws. The Goveming Body shall adopt bylaws for the conduct of business which shall not be inconsistent with the provisions of this Agreement, and tl1e laws of the State of California.

H. Officers. The Officers of the Authority shall consist of the Executive Director, the Auditor-Controller and the Treasurer described below and a Secretary appointed by the Board.

Section 6. Executive Director and Other Staff
A The Governing Body shall be assisted by an Executive Director who shall be appointed by the Governing Body and shall serve at the pleaswe of the Governing Body; The Executive Director shall in turn hire and supervise any Authority employees or consultants. '
C. The Goveming Body may delegate a contract approval function to the Authority's Executive Director. The Governing Board shall adopt any such delegation by resolution.

D, The Goveming Body may appoint or contract for the services of an independent monitor to review programs operated by the Authority and to report to the ·Goveming Body,
Section 7, Auditor-Controller and Treasurer
The Auditor-Controller of the County of Placer shall be tlie Auditor-Controller of the Authority.
5 393
The Placer Coilllty Treasurer shall be the Treasurer of the Authority, shall have custody of all monies received by the Authority, and shall:

A. Receive all funds of the Authority and place them in the Treasury of the County of Placer to the credit of the Authority.

B. Be responsible upon his or her official bond for safekeeping and disbursement of all money of the Authority so held. The Treasurer and such officer shall file an official bond as required by section 6505.1 of the Act, in the amoilllt specified by resolution of the Board but in no event less than $1,000; provided, that such bond shall not be required if the Authority does not possess or own property or funds with an aggregate value of greater than $500 ( excluding amounts held by a trustee or other fiduciary in connection with any bonds or other debt). The cost of the bond shall be paid by the Authority. -
C. Pay, when clue, out of the Authority funds so held, all sums due from the Authority upon presentation of authorization from the Authority.

Section 8. Meetings of the Governing Body
A. The Goveming Body shall hold its regular meetings four times a year. It may, by resolution, provide for additional regular meetings, and by act of the President or a majority of the members provide for special meetings.

The date, hour and place of such regular meetings shall be fixed by resolution of the Governing Body.

B. Meetings may be held by telephonic or other electronic means C. All meetings of both the Governing Body shall be called, held, noticed and conducted subject to the provisions of the Brown Act.

Section 9. Fiscal Year
For the purposes of this Agreement, the Authority shall have a fiscal year from July 1 to and including the following June 30.

Section 10. Records and Reports
The Governing Body, shall establish repo1ting requirements and direct staff to maintain such reports, including, but not limited to, funds and accoilllts as may be required by good accounting practice or by law. All books and records of the Authority shall be open to inspection at all reasonable times by any party to this Agreement or its representatives.

Annual audits of the Authority's accoilllts and records shall be made by an independent CPA fim1, and reports shall be filed in the manner provided in Section 6505 of the California Government Code.
6 394
Section 11. Debts, Liabilities and Obligations
The debts, liabilities and obligations of the Authority shall not, under any circumstances, constitute debts, liabilities or obligations incurred by any party under this Agreement.

Should any debt, liability or obligation of the Authority not be waived or allowed payable through assets of the Authority, none of the members shall be liable, except as provided by Government Code sections 895 through 895.8.

Section 12. Insurance
During the term of this Agreement, the Authority shall maintain general liability insurance coverage, as well as en-ors and omissions coverage, in a sum not less than $2 million per occun-ence. The insurance shall also contain a written endorsement to such policy or policies which names each of the members that are not Associate Members as additional insureds.

Section 13. Right of Withdrawal
Any party to this Agreement may withdraw upon written notice of such withdrawal to the othe1• parties not less thari six (6) months prior to the effective withdrawal date therein specifie.d; provided, however, that no such withdrawal shall result in the dissolution of the Authority so long as any debt of the Authority is unpaid.

Section 14. Termination of Agreement
This Agreement may be te1minated:

A. Upon the joint actions of the Board of Supervisors and City Council to mutually te1minate this Agreement.

B. Upon withdrawal of such nun1ber of parties from this Agreement as to reduce the remaining number of parties to less than two members.

However, no termination of this Agreement shall be effective until the full retirement of any outstanding debt. Any party may fund the retirement of the debt for the purpose of terminating the Authority.

Section 15. New Members
With the apprpval oftwo0 thirds (2/3rds) of the Governing Body, any qualified,public agency (as defined by Section 6500 of the JPA law) may become a party of this Agreement. A paity to this Agreement may be a voting member or an Associate Member.

A public agency requesting membership may apply by presenting to the Authority a certified resolution of the public agency approving of this Agreement and, with respect to Associate Members, any related PACE Agreements. The date and terms upon which the applying public agency will become a member will be determined by the Governing Body.
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Section 16. Termination of Powers
The Authority shall continue to exercise the powers herein conferred upon it until tennination of this Agreement, and thereafter shall continue to exercise only such powers as to enable it to pay and discharge all costs, expenses, and charges legally incurred hereunder, and to dispose of, divide and distribute auy property required as a result of the joint exercise of such powers.

Section 17. Disposition of Assets: Property and Money
Upon termination of this Agreement under Section 14, all costs, expenses, aud charges legally incurred by the Authority shall be paid and discharged; and the Authority shall sell such property as may be nccessaiy and shall distribute to the federal or State government ·such ·prope1ty and funds as are lawfully required; the balance of such property and any surplus money on baud shall be distributed or returned in proportion to conti:ibutions made by the affected parties except to the extent otherwise agreed upon by the affected parties.

Section 18. Amendments
This Agreement may be amended at any time by the written agreement of the parties to this Agreement. Notwithstanding the foregoing, (a) any amendment required to add a new member that is not au Associate Member shall only be executed by the new member and the members of the Authority that are not Associate Members and (b) any amendment required to add a new member that is an Associate Member shall only be executed by the new member and the Authority.

Section 19. Advances
Contributions or advances of public funds and of personnel, equipment or property may be made to the Authority by the members for any of the purposes of this Agreement.

Payment of public funds may be made to defray the cost of any such contribution. Any such advance made in respect of a revenue-producing facility shall be made subject to repayment, aud shall be repaid, in the manner agreed upon by t!ie members, and the Au.thority at the time of making such advance as provided by section 6512.1 of the Act. It is. mutually tmderstood aud agreed that none of the members has any obligation to make advai1ces or contributions to the Authority to provide for the costs and expenses of administration of the Authority, even though either may do so: The members may allow the use of personnel, equipment or property in· lieu of other contributions or advances to the Authority.

Section 20. Severability
Should any pait, term or provision of this Agreement be d_ecicled by a comt of compe\ent jurisdiction to be illegal or in conflict with auy law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining po1ti.ons of provisions shall not be affected thereby.
8 396
Section 21. Entire Agreement
This Agreement contains the entire agreement between the parties and supersedes all prior understanding between them with respect to the subject matter of this Agreement.

There are no promises, terms, conditions or obligations, oral or written, between or among the parties relating to the subject matter of this Agreement that are not fully expressed in this Agreement. This Agreement may not be modified, changed, supplemented or te1minated, nor may any obligation m1der this Agreement be waived, except by written instrument signed by the parties.

Section 22. Counterparts and Effective Date
This Agreement may be executed in cotmterpatts and be as valid at1d binding as if each patty signed the same copy. A faxed copy of the executed signatm·e page shall be sufficient to cause the te1ms of this Agreement to become fully operative. The effective date of the Agreement shall be the latest date that the City or County executed the Agreement.

WITNESS THE AGREEMENT HEREOF the date set opposite our respective entities:

EXECUTED ON
AUGUST 18, 2015
By
Chi1irman, Board of Supervisors

EXECUTED ON
SEPTEMBER 9, 2015
By (1..
/._; -..--4 6 ~-
Mayor, City Council
COUNTY OF PLACER, a political
subdivision
And. :~:¼dl:lb~
ATTEST:

CITY OF COLFAX, a general law city and
municipal corporation
And approved as to fonn
ATTEST:
397
383830.2

TOWN OF PARADISE
ORDINANCE NO. 641

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PARADISE AUTHORIZING

THE IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM IN THE TOWN OF PARADISE UNDER PUBLIC UTILITES CODE SECTION 366.2

THE TOWN COUNCIL OF THE TOWN OF PARADISE, STATE OF CALIFORNIA, ORDAINS AS FOLLOWS:

SECTION 1. Chapter 2.47 entitled Community Choice Aggregation Program is added to the Paradise Municipal Code as follows:

2.47.010 - Findings
The Town Council hereby finds and determines as follows:

1. On September 24, 2002, the Governor of California signed into law Assembly Bill 117 (Statute 2002, Chapter 838; see California Public Utilities Code section 366.2; hereinafter referred to as the “Act”), which authorizes any California city or county, whose governing body so elects, to combine electricity load of its residents and businesses in a Community Choice Aggregation program (CCA). The Act expressly authorizes participation in a CCA through a joint powers authority; and

2. On September 9, 2015, the County of Placer and the City of Colfax entered into the original Joint Exercise of Powers Agreement for the purpose of establishing the Sierra Valley Energy Authority as a joint powers authority under the Joint Exercise of Powers Act, Government Code section 6500, et seq.; and

3. The California Public Utilities Commission certified the “Implementation Plan” of the Sierra Valley Energy Authority, confirming compliance with the requirements of the Act; and

4. On February 22, 2017, the Amended and Restated Joint Powers Agreement became effective and authorized the Cities of Auburn, Lincoln, Rocklin, and the Town of Loomis to become Voting Members of the Joint Exercise of Powers Agreement and established a Community Choice Aggregation Program within the jurisdictions of the Voting Members; and

5. Resolution No. 2017-3 of the Sierra Valley Energy Authority approved a name change from Sierra Valley Energy Authority to Pioneer Community Energy (“Pioneer”), as it is known today; and

6. Subsequent amendments to the Amended and Restated Joint Powers Agreement have authorized the County of El Dorado and the Cities of Grass Valley, Nevada City, and Placerville to become Voting Members; and

7. Currently electricity is generated and provided to the residents of the Town of Paradise by Pacific Gas and Electric Company (PG&E) with no alternative provider for the Town.

8. The Town finds it important that its residents, businesses and public facilities have alternative choices to energy procurement beyond PG&E.
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383830.2

9. In 2024, the Town and Pioneer began discussions and studies to consider the financial feasibility and assessed risk of the addition of Town into the service area of Pioneer.

10. Contingent on completion of those discussions and studies, the Town believes joining Pioneer will provide financial and other advantages to businesses and residents of the Town.

11. The Amended and Restated Joint Exercise of Powers Agreement requires a prospective member to individually adopt a resolution of intent expressing desire to become a member of the Joint Powers Authority and adopt an ordinance electing to implement a CCA within its jurisdiction under California Public Utilities Code section 366.2.

12. The Town finds that adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines, as it is not a “project” since it has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Reg. § 15378). Further, the ordinance is exempt from CEQA, as there is no possibility that the ordinance or its implementation would have a significant effect on the environment. (14 Cal. Code Reg. § 15061(b)(3)).

2.47.020 - Authorization to Implement a Community Choice Aggregation Program Based upon the findings in Section 2.47.010, and in order to provide businesses and residents within the Town of Paradise with a choice of power providers, the Town Council of the Town of Paradise hereby elects to authorize and implement a Community Choice Aggregation Program within the areas currently served by PG&E through participation in the Community Choice Aggregation Program of the Pioneer Community Energy Joint Powers Authority, contingent on all of the following: (a) completion of the impact analysis by Pioneer, (b) adoption of a resolution of intent by the Town expressing the Town’s desire to become a member of Pioneer, (c) approval of Pioneer Community Energy’s Amended and Restated Joint Exercise of Powers Agreement, as amended, by the Town, (d) approval by the Governing Board of Pioneer Community Energy of the membership of Town, and (e) the certification by the California Public Utilities Commission of the Implementation Plan filed by Pioneer to include the Town.

SECTION 2.

The provisions of this Ordinance are separate and severable. If any provision of this Ordinance is for any reason held by a court to be invalid, the Town Council of the Town of Paradise declares that it would have passed this Ordinance irrespective of the invalidity of the provision held to be invalid and such invalidity shall therefore not affect the remaining provisions of this Ordinance which shall remain in full force and effect or the validity of its application to other persons or circumstances.

SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is for any reason held to be invalid by a court or competent jurisdiction, such provision shall be deemed severable, and the invalidity thereof shall not affect the remaining provisions or other applications of the ordinance, which can be given effect without the invalid provision or application thereof.

SECTION 4. Publication. This ordinance shall take effect thirty (30) days after the date of its passage. Before the expiration of fifteen (15) days after its passage, this ordinance or a summary thereof shall be published in a newspaper of general circulation published and circulated within 399
383830.2
the Town of Paradise along with the names of the members of the Town Council of Paradise voting for and against same.

PASSED AND ADOPTED BY the Town Council of the Town of Paradise, County of Butte, State of California, on this ______ day of ____________, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Steve Crowder, Mayor
ATTEST:

Melanie Elvis, Town Clerk
APPROVED AS TO FORM:

Scott E. Huber, Town Attorney
400

Town of Paradise
Council Agenda Summary
Date: February 11, 2025
Agenda Item: 6(g)
ORIGINATED BY: Marc Mattox, Public Works Director/Town Engineer REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Bille Road and Olympia Way Culvert Emergency

LONG TERM
RECOVERY PLAN:

No
COUNCIL ACTION REQUESTED:

1. Consider adopting Resolution No. 2025-____, “A Resolution of The Town Council Of The Town of Paradise Declaring An Emergency And Authorizing Repair Or Replacement Of the Bille Road at Olympia Way 18” Culverts Without Observance Of Public Bidding Requirements”; and,

2. Authorize the Town Manager to execute agreements for a contractor and/or materials for the subject project. (ROLL CALL VOTE)
Background:

Due to heavy storm conditions and flooding, the Public Works Department discovered a culvert failure along Bille Road at Olympia Way where a major tributary to Honey Run is located. Upon further inspection, the two undersized culverts were causing significant flooding and potential erosion underneath the roadway. The two culverts in question are approximately 18” in diameter and is of corrugated metal pipe material and reinforced concrete pipe material. The pipes themselves couldn’t handle the increased storm conditions and flow, causing significant flooding overtopping the road. As stated in the Town’s 2022 Storm Drainage Master Plan “The design flow at this location is 300 cubic feet per second. The existing channel and stream are not adequate to convey the design flow.” As a result of this condition, Public Works immediately put in place a roadway closure to ensure regular or emergency traffic does not drive over the comprised culvert or roadway, causing further failure and/or injury.

A map and photos of the existing conditions are attached to this Agenda Summary.

Analysis:

Staff is recommending Council declare an emergency to repair or replace the culverts. This declaration is critical to shorten the amount of time whereas an emergency evacuation route is unavailable. Replacing the existing culverts is necessary to potentially protect life and property should an emergency occur, or an evacuation be required. Using this action, staff can forgo the formal design, competitive bidding, and construction process which would take at least 6-12 months.
401
Financial Impact:

The cost of the repairs and replacements based on similar scenarios and projects is around $500,000. Staff will be working with various engineers and contractors in advance of the Council meeting and will provide more information on expected costs during this agenda item consideration.

Environmental Review:

The project is exempt under State CEQA Guidelines [15269(b)(c)], which states:
15269. EMERGENCY PROJECTS The following emergency projects are exempt from the requirements of CEQA.

The following emergency projects are exempt from the requirements of CEQA. (b) Emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety or welfare. Emergency repairs include those that require a reasonable amount of planning to address an anticipated emergency. (c) Specific actions necessary to prevent or mitigate an emergency. This does not include long-term projects undertaken for the purpose of preventing or mitigating a situation that has a low probability of occurrence in the short-term, but this exclusion does not apply (i) if the anticipated period of time to conduct an environmental review of such a long-term project would create a risk to public health, safety or welfare, or (ii) if activities (such as fire or catastrophic risk mitigation or modifications to improve facility integrity) are proposed for existing facilities in response to an emergency at a similar existing facility.

Figure 1 – Project Location
Damage
Location
402
Figure 2 – Bille Road and Olympia Way Flooding
403
Figure 3 – Bille Road Flooding Over Roadway
404
Figure 4 – Significant Flooding Along Bille Road
405
Figure 5 – Modeled Flooding
406

TOWN OF PARADISE
RESOLUTION NO. 2025-___

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE

DECLARING AN EMERGENCY AND AUTHORIZING REPAIR OR
REPLACEMENT OF THE BILLE ROAD AT OLYMPIA WAY 18” CULVERTS WITHOUT OBSERVANCE OF PUBLIC BIDDING REQUIREMENTS.

WHEREAS, recent aging, degradation, and capacity of two 18” culvert pipes crossing Bille Road at Olympia Way has caused significant flooding and possible structural failures to the roadway; and,
WHEREAS, this damage has caused Bille Road and Olympia Way to be closed at this location due to the potential for roadway collapse from normal or emergency evacuation traffic; and,
WHEREAS, based on the staff report attached hereto, the damage to the culvert and roadway must be replaced, or mitigated immediately to prevent a lapse in daily transportation function and emergency evacuation capacity to the general public; and, WHEREAS, to protect the health and safety of the public, the Town must take swift action to immediately replace the Bille Road at Olympia Way culverts and make roadway repairs accordingly.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Paradise as follows:

Section 1. The above recitals are true and correct, and are incorporated as findings as if fully set forth herein.

Section 2. The above facts constitute an emergency situation that must be remedied immediately for the public health and safety of the community.

Section 3. Based upon California Public Contract Code sections 20168 and 22050 and the above facts, the Council finds that competitive solicitation for material bids to replace the culvert would result in an unacceptable delay in the reopening of the roadway. Any delays further increase the potential for Bille Road to be needed during an emergency evacuation while it is indefinitely closed.

Section 4. The Town Manager is authorized to execute contracts, make purchases with contractors and suppliers to replace the culvert in accordance with the Town’s guidelines and to take whatever actions are necessary to implement this resolution.

Section 3. The Bille Road and Olympia Way Culvert Repair Project is exempt from the provisions of the California Environmental Quality Act pursuant to State CEQA Guidelines [15269(b)(c)] Emergency Projects.
407
PASSED AND ADOPTED by the Paradise Town Council of the Town of Paradise, County of Butte, State of California, on this 11
th day of February, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Steve Crowder, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Melanie Elvis, Town Clerk Scott E. Huber, Town Attorney 408

Paradise City CouncilFebruary 11, 2025

Paradise City Council
February 11, 2025