Paradise City Council
April 14, 2026

151

VERIFICATION
I, the undersigned say:

I am the Interim Town Manager for the Town of Paradise, agent for the owner of the aforesaid interest or estate in the property described in the above notice:

I have read the foregoing notice and know and understand the contents thereof, and the facts stated herein are the true and correct.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on April 14, 2026 at Town Hall, Town of Paradise, Paradise, California.

TOWN OF PARADISE
Michael O’Brien, Interim Town Manager
Project Name: Pearson Hilltop Guard Rail Project 9430.CON

152

Town of Paradise
Council Agenda Summary
Date: April 14, 2026
Agenda Item: 2(i)
ORIGINATED BY: Jessica Erdahl, Supervising Project Manager REVIEWED BY: Michael O’Brien, Interim Town Manager
SUBJECT: Accept Construction Contract - On-System Roadway Rehabilitation 2024/ HSIP Systemic Intersection Safety
Improvement Project

LONG TERM
RECOVERY PLAN:

Yes, Tier 1, Evacuation Routes
COUNCIL ACTION REQUESTED:

1. Consider adopting Resolution No. 2026- , “ A Resolution of the Town Council of Town of Paradise accepting the work performed under the On-System Roadway Rehabilitation 2024/ HSIP Systemic Intersection Safety Improvement Project Contract 7303.3 CON REBID performed by Baldwin Contracting Company, Inc. dba Knife River Construction”.

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.

Additionally, in 2018 the Town has been approved for $1,229,300 in Cycle 9 Highway Safety Improvement Program (HSIP) funds to improve safety at sixteen stop-controlled intersections at various locations. The countermeasure will be to systemically improve minor street approaches with a combination of additional intersection warning/regulatory signs, improved pavement markings, and providing improved sight triangles. For efficiency this project will be bid and 153
constructed with the On-System Road Rehabilitation projects.

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 federally funded 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.

The overall scope of work for the combined 2024 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 – 3.22 miles)) to Baldwin Contracting Company, Inc. dba Knife River Construction in the amount of their base bid plus additive bid $5,069,864.78 and approved contingency expenditures not exceeding 10%.

On January 10, 2023 Paradise Town Council awarded Contract No. 7303.2.CON, 2023 OnSystem Roadway Rehabilitation – Pearson (Project 2 – 8.58 miles) to Baldwin Contracting Company, Inc. dba Knife River Construction in the amount of their base bid, $5,339,517.50 and approved contingency expenditures not exceeding 10%.

On June 18, 2024 Paradise Town Council awarded Contract No. 7303.3 CON, REBID 2024 OnSystem Road Rehabilitation /HSIP Systemic Intersection Safety Improvement Project (Project 3 – 7.52 miles) to Baldwin Contracting Company, Inc. dba Knife River Construction in the amount of their base bid, $4,835,562.88 and approved contingency expenditures not exceeding 10%.

On May 13, 2025 Paradise Town Council awarded Contract No. 7303.4 CON, 2025 On-System Road Rehabilitation – Clark (Project 4 – 2.1 miles) to Baldwin Contracting Company, Inc. dba Knife River Construction in the amount of their base bid, $6,445,840.80 and approved contingency expenditures not exceeding 10%.

On May 13, 2025 Paradise Town Council awarded Contract No. 7303.5 CON, 2025 On-System Road Rehabilitation – Misc (Project 5 – 3.83 miles) to All-American Construction, Inc. in the amount of their base bid, $8,416,590.87 and approved contingency expenditures not exceeding 10%.

On February 10, 2026 Paradise Town Council awarded Contract No. 7303.6 CON, On-System Road Rehabilitation – Misc 2026/HSIP Systemic Intersection Safety Improvement Project (Project 6 – 7.3 miles) Baldwin Contracting Company, Inc. dba Knife River Construction in the amount of their base bid, $8,252,767 and approved contingency expenditures not exceeding 10%.

Analysis:

Construction efforts began on July 29, 2024, and the project was substantially completed on May 23, 2025.
154
Financial Impact:

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

The total estimated construction cost of the Project, including a 10% contingency, was $5,319,119 contract award. The actual total construction cost is $5,637,358. Actual expenditures exceeded projected cost by $318,239 and are due to additional driveway conforms and road rehabilitation treatment changes due to poor subgrade conditions discovered in the field during construction.

On-System Road Rehabilitation 2024 /HSIP Systemic Intersection Safety Improvement Project
Contract Items
Total Total
Participating
Cost
Emergency
Relief CDBG-DR
Match

24.75%
NonParticipating
(HSIP)
NonParticipating
(LTF)
NonParticipating
(Utility
Adjustments)
Estimated
Cost 75.25%
Construction Contract
-Actuals $5,637,358 $5,438,764 $4,092,670 $1,346,094 $21,145 $3,349 $174,100 Construction
Management - Est. $602,012 $600,000 $451,500 $148,500 $2,012 Total $6,239,370 $6,038,764 $4,544,170 $1,494,594 $23,157 $3,349 $174,100 Total Available
Funding CON/CE $15,592,579 $15,128,627 $11,343,809 $3,784,818 $286,502 $3,349 $174,100 Balance $9,353,208 $9,089,863 $6,799,639 $2,290,224 $263,345 $0 $0 Required On-System Road Rehabilitation matching funds were funded by Community Development Block Grant-Disaster Recovery funds. Required HSIP matching funds were funded by Local Transit Funds. Utility partners will reimburse the Town for non-participating utility adjustments.

Attachments:

A. Resolution
B. Notice of Completion
155

TOWN OF PARADISE
RESOLUTION NO. 2026- ____

A RESOLUTION OF THE TOWN COUNCIL OF TOWN OF PARADISE ACCEPTING THE WORK PERFORMED UNDER THE ON-SYSTEM ROADWAY REHABILITATION 2024/HSIP SYSTEMIC INTERSECTION SAFETY IMPROVEMENT PROJECT CONTRACT 7303.3 CON REBID PERFORMED BY TO BALDWIN CONTRACTING COMPANY, INC. DBA KNIFE

RIVER CONSTRUCTION
WHEREAS, the Town of Paradise has heretofore contracted with Baldwin Contracting Company, Inc. dba Knife River Construction for certain work performed under that certain project known as the On-System Roadway Rehabilitation 2024/ HSIP Systemic Intersection Safety Improvement Project, being Contract No. 7303.3 CON REBID; and WHEREAS, said work of improvements, as called for by the contract between the Town of Paradise and Baldwin Contracting Company, Inc. dba Knife River Construction, referable to said project was completed on May 23, 2025 to the satisfaction of the Town; and WHEREAS, there has been posted a bond insuring the work of improvements from a maintenance standpoint for a period of one year from and after completion; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Paradise that it hereby accepts the work performed on those certain improvements, the subject of a contract between the Town of Paradise and Baldwin Contracting Company, Inc. dba Knife River Construction, known and referred to as the On-System Roadway Rehabilitation 2024/ HSIP Systemic Intersection Safety Improvement Project.

PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 14 th day
of April 2026, 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
156
RECORDING REQUESTED BY:

TOWN OF PARADISE
AND WHEN RECORDED MAIL TO:

TOWN CLERK

TOWN OF PARADISE
5555 SKYWAY
PARADISE, CA 95969
SPACE ABOVE THIS LINE FOR RECORDER’S USE

NOTICE OF COMPLETION
Notice is hereby given:

1. The undersigned is Owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the undersigned is Town of Paradise, a Municipal Corporation

3. The full address of the undersigned is 5555 Paradise, California 95969

4. The nature of the title of the undersigned is: IN FEE

5. The full names and full addresses of all persons, if any, who hold such interest or estate with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES
None

6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to:

NAMES ADDRESSES
None

7. A work of improvement on the property hereinafter described was completed on May 23, 2025

8. The name of the original contractor, if any, for such work of improvement is Baldwin Contracting Company, Inc. dba Knife River Construction of Chico, CA

9. The property on which said work of improvement was completed is in the Town of Paradise, County of Butte, State of California, and is described as follows:

On-System Road Rehabilitation Project 2024/ HSIP Systemic Intersection Safety Improvement Project 7303.3 CON REBID

10. The street address of said property is Various Roads, Paradise, CA (If no street address has been officially assigned, insert “None.”) Dated: April 14, 2026 Signature of Owner
named in Paragraph 2:

TOWN OF PARADISE
By:

Michael O’Brien
Interim Town Manager, Town of Paradise

157

VERIFICATION
I, the undersigned say:

I am the Town Manager for the Town of Paradise, agent for the owner of the aforesaid interest or estate in the property described in the above notice:

I have read the foregoing notice and know and understand the contents thereof, and the facts stated herein are the true and correct.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on April 14, 2026 at Town Hall, Town of Paradise, Paradise, California.

TOWN OF PARADISE
Michael O’Brien, InterimTown Manager
Project Name: On-System Road Rehabilitation Project 2024/ HSIP Systemic Intersection Safety Improvement Project 7303.3 CON REBID

158

Town of Paradise
Council Agenda Summary
Date: April 14, 2026
Agenda Item: 2(j)
ORIGINATED BY: Marc Mattox, Director of Public Works
REVIEWED BY: Michael O’Brien, Interim Town Manager
SUBJECT: Camp Fire Hydrant Repair Project Acceptance

LONG TERM
RECOVERY PLAN:

No
COUNCIL ACTION REQUESTED:

1. Consider adopting Resolution No. 2026-____, “A Resolution of the Town Council of the Town of Paradise accepting the work performed under the Camp Fire Hydrant Repair Project Contract No. 8404.CON, performed by RCI General Engineering.” Background:

In 2004 the Town of Paradise entered an agreement with Paradise Irrigation District (PID) which describes ownership and maintenance responsibilities of both parties relating to fire hydrants and appurtenances. As stated in the agreement, “the Town accepts and acknowledges ownership of all fire hydrants and appurtenances.” The agreement also defines fire hydrants and appurtenances as “fire hydrants, mainline tees, gate valves, supply runs and bury-risers.” In 2018 the Town experienced the devastating Camp Fire during which unprecedented damage occurred to both public and private property, including Town fire hydrants. Shortly after the start of the Camp Fire the Federal Emergency Management Agency (FEMA) declared FEMA-4407- DR-CA on November 12, 2018.

In 2020, FEMA then went on to award Project Worksheet 359, Project #130763, to repair damage to fire hydrants townwide.

Since 2018 PID has made substantial progress on repairing hydrants damaged by the fire.

However, 24 hydrants remain inoperable and require repair to be fully functional.

On March 18, 2025 the Town received 3 bids with RCI General Engineering being the lowest responsible bidder with a base bid of $619,968.00.

On April 8, 2025 the Town awarded contract 8404.CON, Camp Fire Hydrant Repair Project to RCI General Engineering, in the amount of their base bid $619,968.00.

Analysis:

Construction began on July 2, 2025 and was completed on February 14, 2026. A total of 24 fire hydrants were installed at various locations across the Town of Paradise. 159
Financial Impact:

The total estimated construction cost of the Camp Fire Hydrant Repair Project was $725,000.00.

The actual total construction cost is $682,921.88. Funding for the project came from Federal Emergency Management Agency (FEMA) and California Governor’s Office of Emergency Services (CalOES).

Attachments:

A. Resolution
B. Notice of Completion
160
1 TOWN OF PARADISE
RESOLUTION NO. 2026-____

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF

PARADISE ACCEPTING THE WORK PERFORMED UNDER THE CAMP FIRE HYDRANT REPAIR PROJECT CONTRACT NO. 8404.CON, PERFORMED BY RCI GENERAL ENGINEERING.

WHEREAS, The Town of Paradise has heretofore contracted with RCI General Engineering, for certain work performed under the certain project known as the Camp Fire Hydrant Repair Project, being Contract No. 8404.CON; and WHEREAS, said work of improvements, as called for by the contract between the Town of Paradise and RCI General Engineering, referable to said project was completed on February 14, 2026 to the satisfaction of the Town.

WHEREAS, there has been posted a bond insuring the work of improvements from a maintenance standpoint for a period of one year from and after completion.

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

1. Accept the work performed on those certain improvements, the subject of a contract between the Town of Paradise and RCI General Engineering, known and referred to as the Camp Fire Hydrant Repair Project.

PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 14
th day of April 2026, 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
161
RECORDING REQUESTED BY:

TOWN OF PARADISE
AND WHEN RECORDED MAIL TO:

TOWN CLERK

TOWN OF PARADISE
5555 SKYWAY
PARADISE, CA 95969
SPACE ABOVE THIS LINE FOR RECORDER’S USE

NOTICE OF COMPLETION
Notice is hereby given:

1. The undersigned is Owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the undersigned is Town of Paradise, a Municipal Corporation

3. The full address of the undersigned is 5555 Paradise, California 95969

4. The nature of the title of the undersigned is: IN FEE

5. The full names and full addresses of all persons, if any, who hold such interest or estate with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES
None

6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to:

NAMES ADDRESSES
None

7. A work of improvement on the property hereinafter described was completed on February 14, 2026

8. The name of the original contractor, if any, for such work of improvement is RCI General Engineering of Oroville, CA

9. The property on which said work of improvement was completed is in the Town of Paradise, County of Butte, State of California, and is described as follows:

Camp Fire Hydrant Repair Project 8404.CON

10. The street address of said property is Various locations across the Town of Paradise (If no street address has been officially assigned, insert “None.”) Dated: April 14, 2026 Signature of Owner
named in Paragraph 2:

TOWN OF PARADISE
By:

Michael O’Brien
Interim Town Manager, Town of Paradise

162

VERIFICATION
I, the undersigned say:

I am the Interim Town Manager for the Town of Paradise, agent for the owner of the aforesaid interest or estate in the property described in the above notice:

I have read the foregoing notice and know and understand the contents thereof, and the facts stated herein are the true and correct.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on April 14, 2026 at Town Hall, Town of Paradise, Paradise, California.

TOWN OF PARADISE
Michael O’Brien, Interim Town Manager
Project Name: Camp Fire Hydrant Repair Project 8404.CON

163

Town of Paradise
Council Agenda Summary
Date: April 14, 2026
Agenda Item: 2(k)
ORIGINATED BY: Marc Mattox, Director of Public Works/Town Engineer
REVIEWED BY: Michael O’Brien, Interim Town Manager
SUBJECT: Private Road Identification Safety Project CEQA Determination

LONG TERM
RECOVERY PLAN:

Yes, Tier 1, Evacuation Routes
COUNCIL ACTION REQUESTED:

1. Concur with staff recommendation to file a CEQA Notice of Exemption for the Private Road Identification Safety Project.

Background:

The Town of Paradise Long-Term Community Recovery Plan as well as the 2022 Transportation Management Plan highlighted Tier 1 safety projects for improving evacuation routes. Existing and missing private road signs can lack information that poses a threat during evacuation events.

The Town has secured $10,273,223.81 in Community Development Block Grant Mitigation (CDBG-MIT) Resilient Infrastructure Program (RIP) funding to assist with delivering infrastructure projects that address identified unmet 2018 disaster recovery needs and increase the resilience of cities and counties. The Private Road Identification Safety Project has been awarded $963,953 in CDBG-MIT-RIP funds. This proposed project aims to inventory and standardize private road street name signs that intersect public roads. The intent of the project is to increase uniformity for daily emergency first responders as well as provide critical information in evacuation events by designating through or no outlet roads.

At the March 12, 2024 Town Council Meeting, approved an application for funding and the execution of a grant agreement and any amendments thereto from the 2023-2024 funding year of the State CDBG Mitigation Resilience Infrastructure (MIT-RIP) program which included the Private Road Identification Safety Project.

Analysis:

The current phase for this project has completed environmental review under the National Environmental Policy Act (NEPA) and is under review for the California Environmental Quality Act (CEQA). The US Department of Housing and Urban Development (HUD) served as the lead agency in the preparation of an Environmental Review for an Activity that is Categorically Exempt per 24 CFR 58.35(a)(1) for NEPA compliance.
164
The CEQA process requires the lead local agency to examine the project proposal and evaluate potential impacts. Staff has evaluated the subject project thoroughly and found that the project is exempt under State CEQA Guidelines Section (c), Existing Facilities which states:

The project is exempt under State CEQA Guidelines [Section 15301(c)], which states:
“Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The types of “existing facilities” itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of use. Examples include but are not limited to:

Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes.” Based on CEQA Section 15301(c), staff is requesting the Council to concur and approve for filing the Notice of Exemption with the Butte County Recorder’s Office and Office of Planning and Research. If approved, the environmental phase will be complete in April 2026 and design and right-of way efforts may continue towards construction in 2026.

A draft Notice of Exemption is attached to this staff report.

Financial Impact:

There is a recording fee of $50 per project with the Butte County Recorder’s Office to file the Notice of Exemption.

Attachments:

A. Project Map
B. CEQA Notice of Exemption
165
Private Road Identification Safety
Project Sign Locations
166
1 NOTICE OF EXEMPTION
To: Office of Planning and Research
1400 Tenth Street
Sacramento, CA 95814

County Clerk-Recorder
Butte County
155 Nelson Avenue
Oroville, CA 95965
From: Public Works Department
Town of Paradise Posted:_______ through _______
5555 Skyway (date) (date)
Paradise, CA 95969

Project Title: PRIVATE ROAD IDENTIFICATION SAFETY PROJECT Project Location: Town of Paradise, Butte County, CA. See attached project location map.

Assessor’s Parcel Number(s): Town Right of Way
Project Description: The Town of Paradise within Butte County, California proposes to install 560 private road street name signs across the Town of Paradise.

Lead Agency: Town of Paradise
Applicant: Town of Paradise, 5555 Skyway, Paradise, CA 95969 Exemption Status: Ministerial [Section 21080(b); 15268]; Declared Emergency [Section 21080(b)(3); 15269(a)];
Emergency Project [Section 21080(b)(4); 15269(b)(c)];
General Rule [Section 15061(b)(3)];
Categorical Exemption [Section 15301(c), Existing Facilities]; Approval of Rates, Tolls, Fares, and Charges [Section 21080(b)(8)(D)]; Statutory Exemption [Section 15273(a)(4)].

REASONS WHY THIS PROJECT IS EXEMPT OR DOES NOT REQUIRE FURTHER ENVIRONMENTAL DOCUMENTATION:

The project is exempt under State CEQA Guidelines [Section 15301(c)], which states:

The following projects are exempt from the requirements of CEQA.

Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes).

The proposed project consists of installing/replacing private road street name signs along existing local roadway. No further environmental review is necessary for this project.

By __________________________________ Date ______________________ Marc Mattox, Director of Public Works
Town of Paradise

DATE RECEIVED FOR FILING
167
2 DECLARATION OF FEES DUE
(California Fish and Game Code Section 711.4)
NAME AND ADDRESS OF LEAD AGENCY/APPLICANT:

Town of Paradise
Public Works Department
5555 Skyway
Paradise, CA 95969
(530) 872-6291
Project: PRIVATE ROAD IDENTIFICATION SAFETY PROJECT
CLASSIFICATION OF ENVIRONMENTAL DOCUMENT:

1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION
☒ A. Statutorily or Categorically Exempt
$50.00 (Fifty Dollars) Butte County Clerk's Filing Fee

2. NOTICE OF DETERMINATION - FEE REQUIRED
☐ A. Negative Declaration
$2764.00 State Filing Fee
$50.00 Butte County Clerk's Filing Fee

☐ B. Mitigated Negative Declaration
$2764.00State Filing Fee
$50.00 Butte County Clerk's Filing Fee
☐ C. Environmental Impact Report
$3839.25 State Filing Fee
$50.00 Butte County Clerk's Filing Fee

3. ☐ OTHER (Specify) General Rule Exemption
$50.00 Butte County Clerk's Filing Fee

THREE COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE.

ALL APPLICABLE FEES MUST BE PAID AT THE TIME OF FILING ANY ENVIRONMENTAL DOCUMENTS WITH THE BUTTE COUNTY CLERK'S OFFICE.

THE $50.00 HANDLING FEE IS REQUIRED PER FILING IN ADDITION TO THE FILING FEE SPECIFIED IN FISH AND GAME CODE SECTION 711.4(d).

MAKE CHECKS PAYABLE TO COUNTY OF BUTTE.

168

Town of Paradise
Council Agenda Summary
Date: April 14, 2026
Agenda Item: 2(l)
ORIGINATED BY: Colin Nelson, Capital Projects Manager
REVIEWED BY: Marc Mattox, Director of Public Works
SUBJECT: Paradise Sewer Project, Subsurface investigation CEQA Determination; Categorical Exemption

LONG TERM
RECOVERY PLAN:

Yes, Tier 1, Sewer Project
COUNCIL ACTION REQUESTED:

1. Concur with Staff recommendation to file CEQA Notice of Exemption for Subsurface Investigation work to support Collection System design and Wastewater Treatment Facility site selection.

Background:

The Town of Paradise has long sought a centralized wastewater treatment solution to address failing septic systems, protect groundwater, and support commercial and multi-family development. Following the 2018 Camp Fire, the need for essential infrastructure has become critical to the Town’s recovery and long-term resilience.

In 2022, the Town secured approximately $30 million in Community Development Block Grant – Disaster Recovery (CDBG-DR) Planning funds to advance environmental review, design, rightof-way, and permitting for the Paradise Sewer Project. HDR was retained as the Town’s Owner’s Agent, and Carollo Engineers was selected as the design engineer for the collection system and the proposed Wastewater Treatment Facility (WWTF).

On January 21, 2025, Town Council directed staff to modify the project approach from a regional connection to the City of Chico to a locally operated wastewater treatment facility and to evaluate phased implementation strategies. On August 14, 2025, Council selected a preferred alternative consisting of a hybrid gravity and low-pressure collection system and a local WWTF utilizing aerated lagoons with land-based effluent disposal.

To advance final design and select a WWTF site, the project team must conduct subsurface investigations, including geotechnical testing, environmental site assessments, and utility potholing. These activities are limited to data collection and are subject to review under the California Environmental Quality Act (CEQA).

Analysis:

The current phase of the Paradise Sewer Project is environmental review and preliminary design development. In order to complete collection system design and select a site for the proposed Wastewater Treatment Facility (WWTF), the project team must conduct limited subsurface 169
investigations. These activities include geotechnical borings, test pits, percolation testing, environmental site assessments (Phase I and Phase II), seismic refraction surveys, and utility potholing within the proposed project alignment and at candidate WWTF sites.

The purpose of the subsurface investigation work is solely to collect geotechnical, environmental, and utility data to inform project design and site selection. This action does not approve construction of the sewer system or WWTF, nor does it commit the Town to a specific project alternative.

Staff has reviewed the scope of the proposed subsurface investigations and determined that the activities qualify for a Class 6 categorical exemption under the California Environmental Quality Act (CEQA) Guidelines Section 15306. Class 6 exemptions apply to basic data collection, research, and resource evaluation activities that do not result in a serious or major disturbance to an environmental resource and are undertaken for information-gathering purposes prior to project approval.

The proposed work consists of a limited number of small-diameter borings and shallow test pits, temporary potholes to locate existing utilities, and surface soil sampling. Each investigation location would disturb only a small area, and all boreholes and test pits would be backfilled and restored upon completion. Work will be conducted within existing roadways, disturbed areas, or previously developed sites to the extent feasible, and will comply with Town encroachment permit requirements, traffic control standards, and applicable safety regulations.

The proposed work under this exemption includes the following parcels along Clark Road:
 APN 054-110-029-000, 5325 Clark Road
 APN 054-110-028-000, Old Clark Road
 APN 055-180-001-000, Old Clark Road
 APN 055-180-043-000, 5325 Clark Road
 APN 055-180-085-000, 5234 Old Clark Road
As well as up to 30 borings to assess the subsurface soil and groundwater conditions along the alignment (Figure 1). The borings would include:
 24 borings along the pipeline from the downtown collections system to the WWTF location
 6 borings along the collections system alignment downtown CEQA Guidelines Section 15300.2 identifies exceptions under which a categorical exemption cannot be used. Staff has evaluated each exception and determined that none apply to this project for the following reasons:
 Location (Sensitive Environmental Resources): Environmentally sensitive areas, including biological and cultural resource locations, have been identified on the project maps.

Subsurface investigation activities will avoid these areas, and no work will occur within mapped environmentally sensitive zones. Therefore, the project will not impact resources of hazardous or critical concern.
170
 Cumulative Impact: There are no other projects of the same type occurring in the same locations that would result in a significant cumulative environmental impact. The proposed investigations are limited, temporary, and not part of a series of successive similar actions.  Significant Effect (Unusual Circumstances): There is no reasonable possibility that the proposed activities would result in a significant environmental effect due to unusual circumstances. The work involves minor surface disturbance, is temporary in nature, and will be restored following completion.
 Scenic Highways: No portion of the project is located within or adjacent to a highway designated as a State Scenic Highway.
 Hazardous Waste Sites: The project is not located on a site included on any list compiled pursuant to Government Code Section 65962.5.
 Historical Resources: The project will avoid known cultural and historical resource areas.

In the event that previously unknown resources are encountered, work will cease and appropriate discovery protocols will be implemented.

Based on the limited scope of disturbance, the temporary nature of the work, and the avoidance of environmentally sensitive areas, staff finds that the proposed subsurface investigation activities meet the requirements for a Class 6 categorical exemption under CEQA and that none of the exceptions set forth in CEQA Guidelines Section 15300.2 apply.

Financial Impact:

The subsurface investigation work described in this action is already included within the scope of services and budget authorized by Town Council under existing agreements with Carollo Engineers for the Wastewater Treatment Facility design and the Collection System design.

All costs associated with the geotechnical investigations, environmental site assessments, and utility potholing are funded through the Town’s $30 million Community Development Block Grant – Disaster Recovery (CDBG-DR) Infrastructure Planning grant. These activities are part of the previously approved design contracts supported by this grant funding.

No additional appropriations or budget amendments are required as a result of this action. 171

Statutory Exemptions. State code number:

_______________________________________________
Print Form
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): ____________________________ P.O. Box 3044, Room 113 _______________________________________________ Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:

Project Location - City: ______________________ Project Location - County:

Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:

Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
Town of Paradise
155 Nelson Avenue
Paradise Sewer System Geotechnical and Other Subsurface Investigations Town of Paradise
Paradise Butte
Town of Paradise
Town of Paradise
X
5555 Skyway
Paradise, CA 95969
Butte
Oroville, CA 95965
The project would conduct geotechnical investigations of sites for the potential siting of a wastewater treatment plant. The investigations would include test borings at the potential sites, along with review of all available documents pertaining to site geology and groundwater. The information obtained would be used to inform the feasibility, design and construction of a wastewater treatment plant that, with construction of a pipeline collection system, would provide sewer service for the Town of Paradise, which currently has no such service. See attachment for project details.

Town of Paradise APNs 054-110-029-000, 054-110-028-000, 055-180-001-000, 055-180-043-000, and 055-180-085-000 Class 6, Sec. 15306
The CEQA Guidelines provide a series of categorical exemptions for projects that have been deemed to have minimal impacts on the environment, including Categorical Exemption Class 6, which exempts "basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded." The project is geotechnical investigations, including test borings, along with soil samplings and utility potholings of proposed sites for a sewer system in Paradise that would include a wastewater treatment plant and collection pipelines. The borings, samplings, and potholings are part of data gathering for the design and ultimate 172
Attachment – Project Description
Paradise Sewer Project Geotechnical and Other Investigations The Town of Paradise proposes to construct and operate a new sewer system including a new Wastewater Treatment Facility (WWTF) and a collection system within the Town of Paradise. The proposed sewer project is being evaluated under a separate and comprehensive CEQA analysis; however, the Town proposes to complete necessary subsurface geotechnical investigations, along with an Initial Site Assessment and Phase II testing and utility potholing to investigate site feasibility, inform site selection, and support establishing design criteria.

The geotechnical site investigations and potholing would occur in these potential locations of the proposed facilities, including the Collection System and the WWTF. Specific activities proposed within each of these components that may have potential impacts on the physical environment are described below.

Collection System
Geotechnical Investigations
Geotechnical subsurface explorations and sample testing will be performed to characterize the soil properties along the pipeline alignment to classify soil type, determine hardness of rock, measure groundwater depth if observed, and analyze corrosiveness.

These factors inform the design of the pipeline and possible mitigation measures.

Prior to start of field work, a pre-investigation would be conducted, including review of existing geotechnical/geologic information, the geotechnical desktop study and soil/rock/groundwater information obtained for the project. The exploration program will consider access, traffic control, and geologic conditions. Underground Service Alert (USA North 811) would be completed, and access to exploration locations would be determined.

Permits would be obtained from Butte County Environmental Health for borings and wells, and encroachment permits for borings within/adjacent to the public right-of-way would be obtained from Butte County and/or the Town of Paradise, depending on the jurisdiction affected.
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The Town proposes up to 30 borings to assess the subsurface soil and groundwater conditions along the alignment (Figure 1). The borings would include:
• 24 borings along the pipeline from the downtown collections system to the WWTF location
• 6 borings along the collections system alignment downtown The exploratory borings will be conducted at approximately 700 to 1,000 foot intervals along the collection system pipeline alignments, to depths of about 15 to 30 feet (or until refusal). Soil cuttings from auger borings will be stored in 55-gallon drums and tested for soil contamination. Soil drums will be stored on Town-owned property while testing is performed. Once soil testing is complete, the soil will be legally disposed.

Up to 15 seismic refraction surveys would be conducted in areas where shallow hard rock (i.e. less than 10 feet below ground surface) is expected. The seismic refraction survey measures acoustic velocity, which can be correlated to primary wave velocities, which would be used to estimate how excavatable the area would be.

Pre-investigation and permitting are anticipated to begin in the spring of 2026 upon approval of this categorial exemption. Subsurface explorations are anticipated to begin in spring 2026 after the pre-investigation.

Initial Site Assessment
The Initial Site Assessment (ISA) serves to determine if the collection system pipeline will cross through areas of contaminated soil that require special handling and disposal during construction. The Phase I ISA would be conducted to identify evidence of Recognized Environmental Conditions (RECs) within or adjacent to the proposed project alignment and the planned pump station location, and evaluate if these conditions would, or would have the potential to, impact the project design or implementation costs. The ISA would be performed according to ASTM E1527-21 and Caltrans standards.

Phase II environmental soil sampling would be conducted along about 24,000 lineal feet of surface roadway. Soil samples to be tested for the presence of hazardous materials would be collected from up to 24 sample locations. Sample locations would be spaced about 1,000 feet apart on alternating sides of the roadway. At each sample location, soil samples would be collected from about 0-6 inches, 12-18 inches, and 24-30 inches below ground surface. In addition, similar soil samples from 3 locations at the pump station would be collected. Samples would be collected using a hand auger (no power equipment), and the sampling equipment would be decontaminated between sample locations. 174
It is assumed that at least some of the existing concrete sidewalks, gutters, and curbing would be impacted by the sewer piping installation. Up to 10 samples of concrete along the project alignment would be collected and analyzed for asbestos.

It is anticipated that the Phase I ISA process would begin in spring 2026 after the approval of this categorical exemption and the Phase II process would begin in summer 2026, with results feeding into the ongoing Paradise Sewer Project design and environmental clearance.

Utility Potholing
Utility potholing is performed to measure vertical depth of existing utility pipelines and to record existing pipe parameters (e.g., size, material, crossing direction) where existing utilities are crossing the expected collection system pipeline alignment. The Town would complete up to 100 utility potholes along the project alignment down to the future potential WWTF site(s). Potholing would occur where existing utilities cross the potential sewer pipeline alignment. The efforts would include locating the utility type (as marked by USA), location, depth, size, and material type. Work would be performed in batches as potholing progresses.

It is assumed that individual potholes will be no greater than 10 feet below surface. It is further assumed that average utility depth will be 5 feet. A surveyor would survey pothole locations marked by the pothole crew and record the depth indicated. Six site visits are assumed for pothole surveys.

Utility potholing is expected to begin in fall 2026
WWTF
The Town is exploring viable locations that both meet the size criteria to accommodate the proposed WWTF and have agreed-upon Right Of Entry access from the owner. From there, the Town will use the subsurface investigations proposed through this CEQA process to explore technical feasibility and constructability of the site. Currently there are five proposed locations which meet these first two criteria. These sites, along Clark Road, selected to explore for WWTF site feasibility are the following:
• APN 054-110-029-000, 5325 Clark Road
• APN 054-110-028-000, Old Clark Road
• APN 055-180-001-000, Old Clark Road
• APN 055-180-043-000, 5325 Clark Road
• APN 055-180-085-000, 5234 Old Clark Road
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Geotechnical investigations at these sites would take place to aid in the selection of sites where future additional investigation could occur. The Initial Site Assessment, and utility potholing if necessary, would occur only at the site(s) that the subsurface investigations have identified as technically feasible and constructable.

Geotechnical Investigations
Preliminary Geotechnical Investigations at Potential WWTF Sites Proposed geotechnical investigations at the five Clark Road sites will each include:
• Up to 4 seismic refraction surveys to further define bedrock depths at the potential treatment facility (up to 8 total at both sites);
• Up to 6 test pits using a backhoe up to 15 feet deep or until refusal is reached to classify subsurface soils and rock (up to 12 total at both sites); and • Up to 4 percolation tests between 5 to 10 feet deep to determine infiltration rates (up to 8 total at both sites).

Underground utilities would be marked prior to field visits. The overburden soil would be classified, thickness measured, and samples collected for lab testing (to be completed on select samples). Soil cuttings from auger borings and/or soil from test pits will be stored in 55-gallon drums and tested for soil contamination. Soil drums will be stored either at the site (pending property owner approval) or on Town-owned property while testing is performed. Once soil testing is complete, soil will be legally disposed.

Results would be incorporated to inform the Paradise Sewer Project design and environmental review processes. Upon completion of the study, a site selection process would occur, the result of which would be the selection of WWTF site(s) for further investigation. The Preliminary Geotechnical Study process, including field review observations and preparation of the study, is scheduled to begin in spring 2026 after approval of this CEQA categorical exemption.

Environmental Commitments for Preliminary Geotechnical Investigation Figure 2 below shows the known constraints due to biological and cultural resources at each location. From this figure, several measures will be implemented by the Town to avoid the potential for impacts to special status species and their habitats.

Figure 2 identifies environmentally sensitive features (biological and cultural resources) based on survey data, as well as identifying areas that have not yet been surveyed.

Investigations will only take place within areas designated as having no environmentally sensitive features (the regions identified in green on Figure 2). 176
Prior to the start of the investigations, a qualified biologist will conduct a mandatory biological resources awareness training for all personnel. A qualified biologist is defined as someone with training, knowledge, and experience with the species this document is concerned with. The training will cover special-status species and their habitats that could be encountered in the Project area. The training will cover the natural history, appearance (using representative photographs), and legal status of species, regulatory protections, penalties for noncompliance, benefits of compliance, as well as the avoidance and minimization measures to be implemented. Participants will be required to sign a form that states they have received and understand the training. The biological monitor will verify that the new personnel brought onto the Project receive the mandatory training before starting work.

Biological monitoring will be conducted during the entire work period. A qualified biologist will be present to monitor all Geotech related work and conduct pre-clearance surveys each morning prior to work. The monitor will also have the authority to stop work if issues arise during investigations. Geotechnical investigations will not take place in or within 250 feet of wetlands and waters (i.e., ponds, streams, reservoirs, or vernal pools) or other environmentally sensitive features, nor within areas that have not yet been surveyed for environmentally sensitive features.

Geotechnical Investigations at Selected WWTF Site
Upon selection of the potential WWTF site(s) by Town staff, the following additional field investigations will be performed to obtain additional site-specific design parameters:
• 8 seismic refraction surveys to further define bedrock depths; • 6 test pits using a backhoe up to 15 feet deep or until refusal is reached to classify subsurface soils and rock;
• 4 percolation tests between 5 to 10 feet deep to determine infiltration rates; and • 5 borings between 5 and 20 feet deep near the proposed WWTF structures.

The overburden soil would be classified, thickness measured, and samples collected for lab testing (to be completed on select samples). Seismic parameters per the California Building Code will be established.

The field investigations are scheduled to begin in spring 2026.

Initial Site Assessment
As with the Collection System, the Initial Site Assessment serves to determine if the potential WWTF site(s) contain areas of contaminated soil that require special handling and disposal during construction. The Phase I ISA would be conducted to identify evidence 177
of RECs within the WWTF site, and evaluate if these conditions would, or would have the potential to, impact the project design or implementation costs. The ISA would be performed according to ASTM E1527-21 and Caltrans standards.

Phase II environmental soil sampling would be conducted at the selected WWTF site at locations determined by the ISA.

Utility Potholing
In the event that existing underground utilities are encountered at the potential WWTF site, up to 5 potholes may be completed to further characterize the utilities. Potholing on the potential WWTF site would be conducted in a similar manner to potholing in the Collection System area.
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Figure 1 – Subsurface Exploration Site Plan
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Figure 2 – Subsurface Exploration Site Plan Locations
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Town of Paradise
Council Agenda Summary
Date: April 14, 2026
Agenda Item: 5(a)
ORIGINATED BY: Eric Reinbold, Chief of Police
Scott Huber, Town Attorney
REVIEWED BY: Michael O’Brien, Interim Town Manager
SUBJECT: Introduction of Ord. No. 654 – Annual Renewal of the Military Equipment Ordinance.

LONG TERM
RECOVERY PLAN:

No
COUNCIL ACTION REQUESTED:

1. Hold a duly noticed and published public hearing soliciting comments regarding the 2025-2026 military equipment use report and policy; and,

2. Waive the first reading of the Town of Paradise Ordinance No. 654 and read by title only; and,

3. Introduce Town of Paradise Ordinance No. 654 “An Ordinance of the Town Council of the Town of Paradise Renewing Section 9.70 to the Paradise Municipal Code Relating to Miliary Equipment Use”. (ROLL CALL VOTE)
Background:

In early 2022, the Town of Paradise adopted an ordinance and policy which allowed the Paradise Police Department (PPD) to use “military equipment” as defined in Government Code sections 7070 through 7075. These sections of the Government Code also require a public agency that utilizes “military equipment” to provide an annual report on the ownership and use of such equipment. In addition, the Council will consider the approval of the updated Military Equipment policy. The Town Council must review the ordinance at least annually and vote on whether to renew the ordinance at a regular meeting.

Analysis:

Items deemed to be “military equipment” by Government Code sections 7070 through 7075 are used as a component of overall best practices for Law Enforcement Agencies (LEAs) throughout the country. These tools have been tested in the field and are used by LEAs to enhance citizen safety and officer safety. Loss of these items would jeopardize the welfare of citizens and peace officers within the Town of Paradise Police Department.

The term “military equipment” in fact does not necessarily indicate equipment that has been used by the military. Pursuant to Government Code sections 7070 through 7075, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs. 181
PPD is committed to using the most up to date tools and equipment to safeguard the citizens of the Town of Paradise. Some of the items deemed to be “military equipment” by Government Code sections 7070 through 7075 are utilized by PPD, and LEAs across the country, in order to specifically reduce risk to community members. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. The items listed in the Military Equipment Use Policy, also provide PPD’s peace officers with vital tools that facilitate compliance with its stringent use of force policy.

An annual report is required pursuant to Government Code sections 7070 through 7075. The report is required to include the following items:

1. A summary of how the Military Equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the Military Equipment.

3. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.

4. The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report.

5. The quantity possessed for each type of Military Equipment.

6. If the law enforcement agency intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.

The “military equipment” use report has been posted to the Town website at Townofparadise.com and will be brought before Council at the May 13, 2025, Regular Town Council meeting to consider approval of modifications to the Military Equipment Policy. A copy of the Annual Report and Military Equipment Policy is attached.

Financial Impact:

None at this time. Requests for acquisitions of new equipment will come to Council separately.

Attachments:

1. Ordinance No. 654, “An Ordinance of the Town Council of the Town of Paradise Renewing Section 9.70 to the Paradise Municipal Code Relating to Miliary Equipment Use”

2. Current Military Equipment Use Policy

3. Annual Report on Military Equipment Use
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TOWN OF PARADISE
ORDINANCE NO. ____
AN ORDINANCE ADDING SECTION 9.70 TO THE PARADISE MUNCIPAL CODE

RELATING TO MILITARY EQUIPMENT USE
SECTION 1. Findings. The Town Council of the Town of Paradise finds:

A. On September 30, 2021, the Governor of the State of California signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies.

B. Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term “military equipment” is defined in California Government Code section 7070.

C. Assembly Bill 481 allows the governing body of a Town to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations.

D. The proposed military equipment use policy enacted by this Ordinance will be maintained by the Paradise Police Department.

E. The proposed military equipment use policy enacted by this Ordinance will be published prior to enactment, and will be reviewed annually by the Town Council.

F. The proposed military equipment use policy enacted by this Ordinance meets the requirements of California Government Code section 7070, subdivision (d).

SECTION 2. Chapter 9.70 of the Paradise Municipal Code is added to read as follows:

Chapter 9.70
“MILITARY EQUIPMENT” USE ORDINANCE
Sections:

9.70.010 Name of Ordinance

9.70.020 Definitions

9.70.030 Military Equipment Use Policy Requirement

9.70.040 Use In Exigent Circumstances

9.70.050 Reports on the Use of Controlled Equipment

9.70.060 Enforcement

9.70.070 Whistleblower Protections

9.70.080 Severability

9.70.010 Name of Ordinance
A. This Ordinance shall be known as the Military Equipment Use Ordinance.

9.70.020 Definitions
A. “Military Equipment” includes all of the following (pursuant to California Government Code §7070):

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
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3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

B. "Town" means any department, agency, bureau, and/or subordinate division of the Town of Paradise.

C. “Police Department” means any division, section, bureau, employee, volunteer and/or contractor of the Town of Paradise Police Department.

D. “Town Council” means the governing body that is the Town of Paradise Town Council.

E. “Military Equipment Use Policy” means a publicly released, written document that includes, at a minimum, all of the following:
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1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.

2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.

3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.

6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.

F. "Exigent Circumstances" means a law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, is about to occur, or may reasonably occur in the near future.

G. "State agency" means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.

H. "Type" means each item that shares the same manufacturer model number.

9.70.030 Military Equipment Use Policy Requirement
A. The Paradise Police Department shall obtain approval of the Town Council, by an ordinance adopting a Military Equipment Use Policy (MEUP) at a regular meeting of the Town Council held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, related to the use of the following:

1. Requesting Military Equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
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2. Seeking funds for Military Equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

3. Acquiring Military Equipment either permanently or temporarily, including by borrowing or leasing.

4. Collaborating with another law enforcement agency in the deployment or other use of Military Equipment within the territorial jurisdiction of the Town of Paradise.

5. Using any new or existing Military Equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.

6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, Military Equipment.

7. Acquiring Military Equipment through any means not provided by this section.

B. No later than May 1, 2022, if seeking to continue the use of any Military Equipment that was acquired prior to January 1, 2022, the Paradise Police Department shall commence a Town Council approval process in accordance with this section. If the Town Council does not approve the continuing use of Military Equipment, including by adoption pursuant to a Military Equipment Use Policy submitted pursuant to this code, within 180 days of submission of the proposed Military Equipment Use Policy to Town Council, the Paradise Police Department shall cease its use of the Military Equipment until it receives the approval of Town Council in accordance with this code.

C. In seeking the approval of Town Council, the Paradise Police Department shall submit a proposed Military Equipment Use Policy to Town Council and make those documents available on the Police Department’s internet website at least 30 days prior to any public hearing concerning the Military Equipment at issue.

D. The governing body shall consider a proposed Military Equipment Use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.

E. The governing body shall only approve a Military Equipment Use Policy pursuant to this chapter if it determines all of the following:

1. The Military Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed Military Equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.

3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior Military Equipment use complied with the Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
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F. In order to facilitate public participation, any proposed or final Military Equipment Use Policy shall be made publicly available on the internet website of the Police Department for as long as the Military Equipment is available for use.

G. The Town Council shall review any ordinance that it has adopted pursuant to this Chapter approving the funding, acquisition, or use of Military Equipment at least annually and vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.

9.70.040 Use in Exigent Circumstances
A. Notwithstanding the provisions of this Chapter, the Police Department may acquire, borrow and/or use Military Equipment in Exigent Circumstances without following the requirements of this code. Exigent Circumstances shall be determined by the Paradise Chief of Police is his or her absolute and sole discretion.

B. If the Police Department acquires, borrows, and/or uses Military Equipment in Exigent Circumstances, in accordance with this section, it must take all of the following actions:

1. Provide written notice of that acquisition or use to the Town Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law.

2. If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the Town Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the Town Council.

3. Include the Military Equipment in the Police Department’s next annual Military Equipment Report.

9.70.050 Reports on the Use of Military Equipment.

A. The Police Department shall submit to Town Council an annual Military Equipment Report for each type of Military Equipment approved by the Town Council within one year of approval, and annually thereafter for as long as the Military Equipment is available for use.

B. The Police Department shall also make each annual Military Equipment Report required by this section publicly available on its internet website for as long as the Military Equipment is available for use.

C. The annual Military Equipment Report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of Military Equipment:

1. A summary of how the Military Equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the Military Equipment.
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3. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.

4. The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report.

5. The quantity possessed for each type of Military Equipment.

6. If the law enforcement agency intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.

D. Within 30 days of submitting and publicly releasing an annual Military Equipment Report pursuant to this section, the Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual Military Equipment report and the law enforcement agency's funding, acquisition, or use of Military Equipment.

E. The Town Council shall determine, based on the annual Military Equipment Report submitted pursuant to this section, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in this code and the Military Equipment Use Policy. If the Town Council determines that a type of Military Equipment identified in that annual Military Equipment Report has not complied with the standards for approval, the Town Council shall either disapprove a renewal of the authorization for that type of Military Equipment or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.

9.70.060 Enforcement.

A. Remedies for Violations of this Ordinance

1. This Chapter does not provide a private right of action upon any person or entity to seek injunctive relief against the Town or any employee unless that person or entity has first provided written notice to the Town Manager by serving the Town Clerk, regarding the specific alleged violations of this Chapter.

2. If a specific alleged violation is not remedied within 90 days of that written notice, a person or entity may seek injunctive relief in a court of competent jurisdiction.

3. If the alleged violation is substantiated and subsequently cured, a notice shall be posted in a conspicuous manner on the Town’s website that describes, to the extent permissible by law, the corrective measures taken to address the violation.

4. If it is shown that the violation is the result of arbitrary or capricious action by the Town or an employee or agent thereof in his or her official capacity, the prevailing complainant in an action for relief may collect from the Town reasonable attorney’s fees in an amount not to exceed $5,000 if they are personally obligated to pay such fees.

9.70.070 Whistleblower Protections.

All provisions of Paradise’s Protection of Whistleblowers Workplace Policy, and including any updates or replacements thereto, shall apply.
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9.70.080 Severability
A. If any section, subsection, sentence, clause, phrase, or word of this Chapter, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Chapter.

B. The Town Council hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional.

SECTION 3. This ordinance shall take effect thirty (30) days after the date of its passage. Before the expiration of fifteen (15) days after its passage, this ordinance or a summary thereof shall be published in a newspaper of general circulation published and circulated within the Town of Paradise along with the names of the members of the Town Council of Paradise voting for and against same.

PASSED AND ADOPTED BY THE Town Council of the Town of Paradise, County of Butte, State of California, on this ____ day of ____ 2026, 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
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Policies and
Procedures
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Military Equipment
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
708.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices (LRADs), acoustic hailing devices, and sound cannons. • Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
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708.2 POLICY
It is the policy of the Paradise Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 708.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of the Paradise Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Cheif of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
708.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Paradise Police Department:

MILITARY USE EQUIPMENT – Current Inventory
(a) Less Lethal Shotgun: Less Lethal Shotgun is used to deploy the less lethal 12- gauge Super-Sock Beanbag Round.
(a) Description, quantity, capabilities, and purchase cost (a) REMINGTON 870 LESS LETHAL SHOTGUN, cost: $946, quantity: 7. The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12- gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of Deescalation. 191
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(b) 12-GAUGE SUPER-SOCK BEANBAG ROUND, cost: $5, quantity: 300.

A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). CTS Super-Sock rounds are discharged from a dedicated 12- gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Model 2581 Super-Sock is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to "unfold" or "stabilize." The Super-Sock is an aerodynamic projectile. However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator.

The Super-Sock is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.
(b) Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
(c) Authorized Use Situations for use of the less lethal weapon systems may include, but are not limited to:
(a) Self-destructive, dangerous and/or combative individuals. (b) Riot/crowd control and civil unrest incidents.
(c) Circumstances where a tactical advantage can be obtained. (d) Potentially vicious animals.
(e) Training exercises or approved demonstrations
(d) Lifespan
(a) Remington 870 Less Lethal Shotgun- 25 years. Super Sock Round- No listed expiration date.
(e) Fiscal Impact
(a) Annual maintenance is approximately $50 for each shotgun. (f) Training
(a) All officers are trained in the 12 gauge less lethal shotgun as a less lethal option by in-service training.
(g) Legal and Procedural Rules
(a) Use is established under PPD Policy 308.9, 308.10, and 308.11. It is the policy of the PPD to utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
(b) Distraction Devices: A distract device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. 192
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(a) Description, quantity, capabilities, and purchase cost (a) DEFENSE TECHNOLOGY, 8901SC FLASH-BANG, cost: $45, quantity:

11. A non-bursting, non-fragmenting multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.
(b) DEFENSE TECHNOLOGY, 1082 CS GRENADE, cost: $30, quantity: 12.

The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent.
(b) Purpose
(a) To produce a4tmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage. (c) Authorized Use
(a) Diversionary Devices shall only be used:
(a) By officers who have been trained in their proper use. (b) In hostage and barricaded subject situations.
(c) In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.
(d) During other high-risk situations where their use would enhance officer safety.
(e) During training exercises.
(d) Lifespan
(a) Until used.
(e) Fiscal Impact
(a) No annual maintenance.
(f) Training
(a) Prior to use, officers must attend diversionary device training that is conducted by Post certified instructors.
(g) Legal and Procedural Rules
(a) Use is established under Paradise Police Policy 408. It is the policy of the PPD to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. 193
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(c) Rifles: Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance. (a) Description, quantity, capabilities, and purchase cost (a) Colt M16A1 RIFLE, Converted to Semi-Automatic AR-15, received from military at no cost. cost: $150 to convert and outfit rifles for police use, quantity: 5. The M16 rifle, officially designated Rifle, Caliber 5.56MM. (b) Palmetto State Armory Semi-Automatic AR-15, cost: $750, for patrol use, quantity: 15, officially designated Rifle, Caliber 5.56MM (c) SPEER GOLD DOT.223 CALIBER 62 GRAIN RIFLE ROUND, cost: $260 per case of 500, quantity: 8 cases. Remington ammo made by Speer is reloadable, features nickel plated brass cases and Boxer primers and this is a non-corrosive round. The Gold Dot LE ammunition goes through a process of joining the jacket and core one molecule at a time, thanks to this Speer eradicates the potential for the leading cause of bullet failure (jacket/core separation). This process will guarantee extraordinary weight retention through barriers as strong as auto-glass. In addition to its remarkable strength, Gold Dot rifle ammunition asserts remarkable accuracy. With exact tolerances and unparalleled bullet uniformity of jacket thickness.
(d) WOLF GOLD.223 55GR RIFLE ROUND, cost: $170 per case of 1000, quantity: 2 cases. Wolf Gold 223 Remington ammo features a 55 Grain FMJ bullet, brass casing and a non-corrosive primer. This 223 Rem ammunition is 100% reloadable if you choose to save your brass and reload your 223 ammo. The Wolf Gold.223 ammo offers muzzle velocity of 3250 feet per second and muzzle energy of 1290 ft lbs. (b) Purpose
(a) To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. (c) Authorized Use
(a) Only members that are POST certified are authorized to use a rifle. (d) Lifespan
(a) Colt M16A1rifle converted to semi-automatic AR-15- no expiration. (b) Palmetto State Armory AR-15 – No expiration
(e) Fiscal Impact
(a) Annual maintenance is approximately $50 for each rifle. (f) Training
(a) Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year. (g) Legal and Procedural Rules
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(a) Use is established under PPD Policy 312. It is the policy of the PPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
(d) Simunition Equipment (SIM): The GLOCK Training Pistols were developed with the purpose of enabling reality-based tactical operations training using color marking or plastic projectile ammunition.
(a) Description, quantity, capabilities, and purchase cost (a) FX 9mm TRAINING SIMUNITION, cost: $50 per box of 50 rounds, quantity: 50 boxes. The FX® marking cartridges, which come in six colors, are at the core of the FX® Training System known as "the world's most realistic close-range combat training system". The patented, reducedenergy, non-lethal cartridges leave a detergent-based, water-soluble color-marking compound. The visible impacts allow accurate assessment of simulated lethality. The cartridges are available in.38 cal. and 9mm and feature tactical accuracy up to 25 feet (7.6 meters). The 5.56mm is tactically accurate with ball cartridges to 100 feet (30 meters). No special ballistic facilities are required. They meet the need for a force-on-force and man-to-man training system that is realistic, effective, inexpensive, adaptable and fully portable.
(b) GLOCK 17T, cost: $500, quantity 10. These pistols use the popular FX or FOF ammunition, which are used by military and law enforcement units around the world. The Modular back strap system makes it possible to instantly customize its grip to accommodate any hand size. The reversible magazine catch makes it ideal for left and right-handed shooters. (b) Purpose
(a) To provide officers with realistic, tactical scenarios while maintaining a safe environment for training.
(c) Authorized Use
(a) Only those officers who have been trained in the use of Simunitions. (d) Training
(a) Sworn members utilizing Simunitions are trained in there use by POST certified less lethal and firearm instructors.
(e) Lifespan
(a) Simunition FX training rounds – three years
(b) Glock 17T training handgun does not expire
(f) Fiscal Impact
(a) FX Simunitions – Replacement costs when used
(b) Annual maintenance of the Glock 17T - $10 per year, per training handgun (g) Legal and Procedural Rules
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(a) Use is established under Paradise Police Policy 312.6. It is the policy of the PPD to utilize Simunitions only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
(e) PepperBall Launcher: A device that discharges irritant projectiles. (a) Description, quantity, capabilities, and purchase cost (a) PepperBall FTS CARBINE, cost: $700, quantity 1. The Full Tactical Carbine (FTS) is a compressed-air powered launcher designed to fire nonlethal PepperBall projectiles. (b) PepperBall LIVE PROJECTILE, cost: $2 per projectile, quantity 90. The basic PepperBall projectile contains 2% PAVA pepper powder, and is designed for direct impact and area saturation, especially in confined, interior spaces. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 0.5% PAVA Powder. (c) PepperBall LIVE-X PROJECTILE, cost: $3 per projectile, quantity 90. The Live Projectile contains a concentrated amount of PAVA pepper powder.

One round of LIVE-X contains the equivalent to 10 PepperBall rounds.

Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 5% PAVA Powder. (b) Purpose
(a) To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but are not limited to:
(a) Self-destructive, dangerous and/or combative individuals. (b) Riot/crowd control and civil unrest incidents.
(c) Circumstances where a tactical advantage can be obtained. (d) Potentially vicious animals.
(e) Training exercises or approved demonstrations.
(c) Authorized Use
(a) Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers. (d) Training
(a) Sworn members utilizing PepperBall launchers and projectiles are trained in there use by POST certified less lethal and chemical agent instructors. (e) Lifespan
(a) PepperBall FTC Carbine- 20 years
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(b) PepperBall Live Projectile- 3 years
(c) PepperBall Live-X Projectile- 3 years
(f) Fiscal impact
(a) Annual maintenance is approximately $50 for each PepperBall launcher. (g) Legal and Procedural Rules
(a) Use is established under Paradise Police Policy 308.7.2. It is the policy of the PPD to utilize PepperBall only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
o

6. Unmanned Aerial Systems (UAS): Also known as drones, are used to provide an extra level of protection, service, perspective, and convenience when conducting criminal investigations, reporting traffic collisions, and search and rescue operations. (a) Description, Quantity, Capabilities, and purchase cost:
(a) DJI drones, Quantity 4, Cost $1,500 each
(a) The DJI M30T was specifically built to serve industries and applications in public safety, inspection, search & rescue, fire response, and law enforcement. This Unmanned Aerial System (UAS) is a battery powered, remote operated device with a mounted camera, speaker, light and thermal imaging device. This UAS has proven to be useful to public safety agencies in firefighting, search and rescue, pre-operational surveillance, and other tactical situations where aerial views enhance the safety and efficiency of public safety personnel.
(a) (a) Purpose:
(a) May be deployed when an aerial view would enhance situational. awareness and assist officers or incident commanders during, but not limited to, the following occurrences:

1. Arrest/Search Warrant

2. CBRNE (Chemical, Biological, Radiological, Nuclear, Explosives)

3. Crowd Control/Special Events

4. Dignitary Protection Detail

5. Disaster Management
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6. Ongoing Criminal Investigation

7. Explosive Ordnance Disposal/Investigation

8. Fire

9. Forensic/Crime Scene

10. Missing Persons Investigations

11. Perimeter Search and Security

12. Search and Rescue

13. SWAT / Tactical Operations

14. Traffic Collision

15. Training

16. Public Relations/Multimedia Productions

17. Assisting outside agencies in any of the above situations

18. Assisting other Town of Paradise departments with carrying out their mission of better serving Paradise residents and visitors (b) Authorized Use:
(a) UAS may be utilized to enhance the department's mission of protecting lives and property when other means and resources are not available or are less effective. Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of UAS shall not be used in the following circumstance:

1. To conduct random surveillance.

2. To target a person based solely on actual or perceived characteristics, such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability.

3. To harass, intimidate, or discriminate against any individual or group.

4. To conduct personal business of any type.

5. UAS shall never be weaponized.
(c) Expected Lifespan:
(a) 5 - 10 years
(d) Fiscal Impact:
(a) Annually $2,500 - $3,000 for battery replacements,insurance, and flight/ data logs.
(a) Rifles: Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance. 198
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(a) Description, quantity, capabilities, and purchase cost (a) Palmetto State Armory Semi-Automatic AR-15, cost: $750, for patrol use, quantity: 3, officially designated Rifle, Caliber 5.56MM (b) Purpose
(a) To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. (c) Authorized Use
(a) Only members that are POST certified are authorized to use a rifle. (d) Lifespan
(a) Palmetto State Armory AR-15 – No expiration
(e) Fiscal Impact
(a) Annual maintenance is approximately $50 for each rifle. (f) Training
(a) Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year. (g) Legal and Procedural Rules
(a) Use is established under PPD Policy 312. It is the policy of the PPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

MAINTENANCE OF MILITARY USE SUPPLY LEVELS
When stocks of military equipment have reached significantly low levels or have been exhausted, the Department may order up to 10% of stock in a calendar year without city council approval to maintain essential availability for the Department's needs.

ANNUAL PUBLIC RESPONSE
o Since the adoption of this policy, there has been no reported complaints of the department's possession and acquisition of approved military equipment.

MILITARY USE EQUIPMENT – Obtain/Purchase Request
During the year 2026, the Paradise Police Department has been approved to enter into contract, for a trial period not to exceed 365 days, with BRINC Drones as First Responders (DFR). During this trial period, BRINC will equip the Paradise Police Department with a US made DFR drone and a US made drone for interior use.
708.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the 199
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Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 708.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 708.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 708.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
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Town of Paradise
Council Agenda Summary
Date: April 14, 2026
Agenda Item: 6(a)
ORIGINATED BY: Scott E. Huber, Town Attorney
REVIEWED BY: Marc Mattox, Assistant Town Manager
Tony Lindsey, Community Development Director
SUBJECT: Consider Introducing an Ordinance Adopting New Section

15.02.065 of the Paradise Municipal Code and Making
Findings of Facts Relating to Building Code Complaints and Establishing Oversight by the Building Division Corrective Action Plan Ad Hoc Advisory Committee

LONG TERM
RECOVERY PLAN:

No
COUNCIL ACTION REQUESTED:

1. Consider waiving the first reading of Town Ordinance No. 655 and read by title only; and,

2. Introduce Town Ordinance No. 655, “An Ordinance of the Town of Paradise Adopting New Section 15.02.065 and Making Findings of Facts Relating to Building Code Complaints and Establishing Oversight by the Building Division Corrective Action Plan Ad Hoc Advisory Committee. (ROLL CALL VOTE)
Background:

Following the Camp Fire and the subsequent rebuilding effort, the Town of Paradise has experienced a high volume of construction activity and building permit issuance. As part of this recovery, the Town implemented a Building Division Corrective Action Plan (CAP) to address process improvements and strengthen public confidence in the permitting and inspection process.

In recent years, the Town has received concerns from property owners regarding potential Building Code compliance issues after construction has been completed. With some residents left without other available recourse, there is currently no formalized local procedure for the intake, review, and resolution of post-construction Building Code complaints for issues that were discovered after the issuance of a building permit.

The proposed ordinance establishes a structured process for submitting, reviewing, and resolving such complaints, including the use of an independent third-party reviewer and oversight by the CAP Ad Hoc Advisory Committee.

Analysis:

The proposed ordinance adds Section 15.02.065 to the Paradise Municipal Code to create a formal Building Code complaint procedure to resolve building code issues discovered after issuance of an occupancy permit, but with sufficient due process protections for building permit applicants. Key components of the ordinance include:
 Centralized Complaint Intake: Complaints must be submitted through the Town’s CAP 203
Community Intake Form, ensuring consistency and proper documentation.  Independent Review Process: A third-party Independent Reviewer evaluates complaints, determines whether a potential Building Code violation exists, and issues findings.  Notice and Response: Permit Applicants are provided notice of complaints and an opportunity to respond with evidence prior to any determination.  Inspection Authority: The Independent Reviewer may conduct inspections with participation from both the property owner and Permit Applicant.  Formal Determination and Appeal: The Independent Reviewer issues a Notice of Determination (NOD), which may be appealed to the Town Council for final consideration.  Accountability Mechanism (“Strikes”): Verified violations may result in a “Strike” against a Permit Applicant. Accumulation of three active Strikes may result in suspension or denial of permits until violations are corrected.

This ordinance is intended to enhance transparency, provide due process to all parties, and ensure that any Building Code compliance issues are addressed in a fair and consistent manner.

It also reinforces accountability among building permit holders by preventing issuance of additional building permits for repeat violators. In addition, the ordinance clarifies that the CAP Ad Hoc Advisory Committee will serve in an oversight and advisory capacity, ensuring alignment with the Town’s broader corrective action efforts.

Financial Impact:

Unknown at this time. This will depend in large part on the volume of complaints submitted and the amount of time needed by the Independent Reviewer.
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TOWN OF PARADISE
ORDINANCE NO. ___
AN ORDINANCE OF THE TOWN OF PARADISE ADOPTING NEW SECTION 15.02.065 AND

MAKING FINDINGS OF FACTS RELATING TO BUILDING CODE COMPLAINTS AND

ESTABLISHING OVERSIGHT BY THE BUILDING DIVISION CORRECTIVE

ACTION PLAN AD HOC ADVISORY COMMITTEE
The Town Council of the Town of Paradise, State of California does hereby ORDAIN AS FOLLOWS:

SECTION 1. Findings. The Town Council finds and declares as follows:
a) Under Article XI, Section 7 of the California Constitution local agencies may make and enforce all local, police, sanitary and other ordinances within their jurisdiction, provided they do not conflict with general state laws; and
b) The Town Council of Paradise hereby finds that the public health, safety, and welfare of the Town of Paradise will be best protected and served by ensuring that all buildings, structures, electrical, gas, mechanical, and plumbing systems comply with the Paradise Municipal Code which adopted and incorporated several sections of the California Building Standards Code (California Code of Regulations, Title 24); and c) The Town Council of the Town of Paradise desires to set forth certain procedures to ensure the enforcement of the Building Code by creating a system to process, review and manage complaints alleging violations of the Building Code.

SECTION 2. Section 15.02.065 is added to the Paradise Municipal Code as follows:

15.02.065 Building Code Complaint Procedure; Review and Determination by the Independent Reviewer.

A. Definitions

1. Building Code – The Paradise Municipal Code applicable to buildings and construction, including but not limited to Title 15 of the Paradise Municipal Code.

2. Permit Applicant (PA) – the individual or entity that applied for and was issued a permit for the construction of the building, structure, electrical, gas, mechanical, or plumbing system. In the event the Permit Applicant is an entity, the principals and signatory on the permit application shall be deemed to be Permit Applicants, as well as the entity.

3. Building Division Corrective Action Plan (CAP) Ad Hoc Advisory Committee – The CAP Ad Hoc Advisory Committee shall serve as an advisory and oversight body for the Building Code complaint process, consistent with the Town’s Building Division Corrective Action Plan. The Committee shall not serve as the primary decision-making body for technical determinations of Building Code compliance, however, will support and facilitate Independent Reviews while monitoring the overall intent of this ordinance.

4. Independent Reviewer – The Independent Reviewer shall be a third-party consultant retained by the Town responsible for the objective review of complaints, evidence, 205
inspections, and issuance of Notices of Determination regarding Building Code compliance. The Independent Reviewer shall not have had a primary role in supporting or facilitating the course of construction of the subject complaint.

5. Strike – a Strike is a finding against a Permit Applicant (PA) that a Building Code complaint has been deemed founded following the issuance of a Notice of Determination and an appeal by a Permit Applicant, or a failure to timely file an appeal, as outlined in this section. Only one Strike may be in effect for each Assessor’s Parcel Number. A Strike shall be removed or inactivated only by remediation of the Building Code violations, which shall be confirmed in writing by the Building Official as outlined in this Section.

B. Every building permit granted under this title or any section hereof is granted and accepted by all parties with the express understanding that the building, structure, electrical, gas, mechanical, or plumbing system must meet the requirements of the Building Code. Following issuance of the building permit, and for a period of 10 years thereafter, if a property owner suspects the PA did not adhere to the Building Code, a complaint shall be submitted through the Town’s CAP Community Intake Form as the exclusive initial point of contact. Complaints submitted outside of the CAP Intake process shall not be accepted.. The complaint must include:
the location of the building, structure, electrical, gas, mechanical, or plumbing system, the nature of the alleged violation, and efforts the property owner has undertaken to obtain relief from the PA prior to submitting the complaint. Town staff shall conduct an initial completeness and eligibility screening and refer qualifying complaints to the Independent Reviewer.

All complaints, reviews, and determinations shall be documented and tracked in accordance with the Town’s Building Division Corrective Action Plan (CAP).

C. The Independent Reviewer shall review all complaints submitted through the CAP Intake Form and determine whether the complaint references a potential violation of the Building Code.

Complaints that reference aesthetic issues or issues that do not relate to the requirements of the Building Code will not be considered. If the complaint alleges an issue that may violate the Building Code, the Independent Reviewer shall issue a Notice of Complaint (NOC) that will be sent to the PA. The NOC must include the specific location of the building, structure, electrical, gas, mechanical, or plumbing system that is the subject of the complaint and the section of the Building Code, that has allegedly been violated. Within 10 business days of issuance of the NOC, the PA may respond with an explanation of how the requirements of the Building Code were met or with documentation refuting the allegations in the NOC.

D. After receiving the PA’s response to the NOC, the Independent Reviewer may contact the owner of the building, structure, electrical, gas, mechanical, or plumbing system to schedule an inspection. In the event an inspection is requested, the property owner and the PA shall have the right to have one representative present at the inspection.

E. Within 10 business days following the gathering of evidence as outlined in Paragraphs C and D of this Section, the Independent Reviewer shall review the evidence and issue a written Notice of Determination (NOD), which shall be sent by the Town Clerk to the property owner and PA by regular mail. If the Independent Reviewer determines that the complaint has been unfounded, the complaint will be dismissed. If the Independent Reviewer confirms the existence of a Building Code violation, the NOD must include the specific location of the building, structure, electrical, gas, mechanical, or plumbing system that is the subject of the NOD and the section of the Building Code pertaining to the violation.
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F. In the event that a PA disagrees with the NOD, the PA may appeal the determination by submitting a written appeal to the Town Council within 10 calendar days. The appeal shall be submitted to the Town Clerk. The appeal shall include evidence refuting the violation stated in the NOD and demonstrating that the requirements of the Building Code have been met. The Town Council shall review the appeal and all documents reviewed by the Independent Reviewer at a regular or special meeting, at which the property owner and the PA may appear and provide a statement to the Town Council. The statement by the property owner and PA shall not exceed 10 minutes each, unless additional time is needed to address questions by the Town Council.

G. The Town Council may, but is not required to, overturn the NOD issued by the Independent Reviewer by majority vote of the Council Members in attendance at the meeting. In the event that the NOD is overturned, the complaint shall be dismissed as unfounded.

H. Following an appeal by the PA and a failure to overturn the NOD, or in the event that a PA fails to timely file an appeal of an NOD, the PA shall receive a Strike. The Strike shall be active until the PA remediates the Building Code violation to the satisfaction of the Building Official, as defined in Section 2.12.054.

I. If a PA has three or more Strikes in effect that have not been removed or inactivated, all new permit applications for any buildings, structures, electrical, gas, mechanical, or plumbing systems shall be denied and all existing permits in the issued status to the PA will be suspended until all of the active Strikes on the PA’s record have been removed.

J. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, occupy or maintain any real property, building, structure, or building service equipment or cause or permit the same while the permit is suspended.

SECTION 4. 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 5. CEQA Exemption. Adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to California Public Resources Code Section 21080(b)(3) regarding projects to maintain, repair, restore, or replace property or facilities damaged or destroyed as a result of a declared disaster and Section 21080(b)(4) regarding actions to mitigate or prevent an emergency, and CEQA Guidelines Section 15269(a) regarding maintaining, repairing, restoring, demolishing, or replacing property or facilities damaged or destroyed as a result of a disaster stricken area in which a state of emergency has been proclaimed by the Governor pursuant to the California Emergency Services Act, commencing with Section 8550 of the California Government Code.

SECTION 6. 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 the Town of Paradise along with the names of the members of the Town Council of Paradise voting for and against same.
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PASSED AND ADOPTED BY THE Town Council of the Town of Paradise, County of Butte, State of California, on this _____ day of ______, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Steven Crowder, Mayor
ATTEST:

__________________________________
Melanie Elvis, Town Clerk
APPROVED AS TO FORM:
___________________________________
Scott E. Huber, Town Attorney
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Town of Paradise
Council Agenda Summary
Date: April 14, 2026
Agenda Item: 6(b)
ORIGINATED BY: Colette Curtis, Recovery and Economic
Development Director
REVIEWED BY: Mike O’Brien, Interim Town Manager
SUBJECT: Transient Occupancy Tax Discussion

LONG TERM
RECOVERY PLAN:

No
COUNCIL ACTION REQUESTED:

1. Discuss future use, if any, of Transient Occupancy Tax following the conclusion of the TOT Community Reinvestment Program; and,

2. Provide direction to staff.

Background:

Transient Occupancy Tax (TOT) funds are intended to be used by local jurisdictions to offset impacts of short-term stays in the community. These funds may be used at the discretion of the local jurisdiction.

Per Paradise Municipal Code section 3.24.30, the current transient occupancy tax (TOT) rate is ten percent of the rent charged by the operator of the temporary lodging establishment. Based on the current TOT rate, the Town is expected to receive approximately $140,000 in TOT revenues during fiscal year (FY) 2022-23. This current budget amount is estimated based on the trend of average revenues following the 2018 Camp Fire. This is an overall decrease from the time the TOT Community Reinvestment Program began in 2023 when the Town received about $200,000.

All TOT revenues are currently maintained within the General Fund and applied toward budgeted General Fund expenditures. Prior to FY 2009-10, the Town had allocated approximately 50% of all TOT revenues received to three outside agencies. Of the 50% allocated, approximately 50% was allocated to the Paradise Ridge Chamber of Commerce, 25% was allocated to the Gold Nugget Museum, and 25% was allocated to the Paradise Performing Arts Center. The average annual TOT revenues collected during the period in which TOT revenues were allocated totaled approximately $185,000.

Analysis:

At the June 2023 Council Meeting, Council directed staff to implement the TOT Community Investment Program, which allocated $100,000 of TOT funds to community groups that promoted tourism. In summary, the program contained the following guidelines:
 $45,000 of the annual allocation will be distributed directly to the Paradise Ridge Chamber of Commerce, upon execution of a contract outlining their intended use of the funding. 209
 The remaining $55,000 will be available for other organizations or agencies with similar tourism-based functions, with allocations made as a percentage of the organization’s annual budget.
 All organizations receiving funding would have contracts with the Town outlining activities to be performed using the funding and would be required to report on progress at the end of each year of the three-year funding cycle.
 Organizations must have tourism as a main focus to be eligible for funding.

Over the last three fiscal years, the following organizations were funded through this program:
 Paradise Ridge Chamber of Commerce - $45,000 per year for a total of $135,000  Paradise Performing Arts Center - $10,868 per year for a total of $32,604  Gold Nugget Museum - $12,161 per year for a total of $36,483  Paradise Art Center - $9,770 per year for a total of $29,307  Theater on the Ridge - $15,285 per year for a total of $45,855  Paradise Symphony Orchestra - $6,917 per year for a total of $20,751 per year The $300,000 of TOT funding contributed to Paradise’s tourism in the following ways:
 Ridge Open House Weekend, marketing and promotion
 Multiple art shows per year, bringing over 2,500 out-of-town residents to Paradise per year.
 Musical events bringing hundreds of out-of-town residents, as well as paying for local hotel stays for bands and crew members.
 Symphony performance marketing and promotion attracting hundreds of residents from outside Paradise.
 Budget increase for quality theater productions, rentals, and marketing outside Butte County.
 Funding to restore Maidu program at the museum and for a coordinator position, as well as new technology to bring more youth to the museum. .

Now that the program has concluded it’s three year period, Council can direct staff to:

1. Continue the program as is, requiring new applications and agreements.

2. Change the program in any number of ways (funding amount, eligible groups, types of eligible projects, expenditure period, etc)

3. Direct staff to budget future TOT funds for another purpose. Some options include:
a. Economic Development Projects or Grants
b. Funding towards an Economic Development Coordinator position c. Marketing and promotion for the Town

4. Direct staff to budget future TOT funds as part of the General Fund, as was the practice from FY 2008-09 to FY 2023-24.

5. Give alternative direction to staff.

Financial Impact:

As previously stated, the Town is currently expected to receive approximately $140,000 in transient occupancy taxes during fiscal year 2026-27. This amount is estimated based on the trend of average revenues following the 2018 Camp Fire. This funding will be part of the revenue that makes up the General Fund, unless Council directs staff to budget it for a specific program or action.
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Town of Paradise
Council Agenda Summary
Date: April 14, 2026
Agenda Item: 6(c)
ORIGINATED BY: Marc Mattox, Town Engineer
REVIEWED BY: Michael O’Brien, Interim Town Manager
SUBJECT: Public Utility Easement Abandonment – 1231 Tahoe Way

LONG TERM
RECOVERY PLAN:

No.

COUNCIL ACTION REQUESTED:

1. Adopt Resolution No. 2026-____ “A Resolution of the Town Council of the Town of Paradise Providing for the Summary Vacation of the Existing 12-foot-wide Public Utility Easement along the North Property Line of Lot 9 of the Wildwood Estates Subdivision, Recorded in Book 24 of Maps at Page 49, located in County of Butte, Paradise California; APN 053-011-047-000.” (ROLL CALL VOTE)
Background:

The “Wildwood Estates Subdivision” which was filed for record July 29, 1960 in Book 24 of Maps at Page 49, depicts a 12-foot public utility easement along the rear property line of all properties within the subdivision.

The applicant, Greg Bolin, on behalf of the property owners Jason and Juanita Rothelien, is seeking additional flexibility for their property that necessitates the vacation of the abovereferenced public utility easement, as it could affect the use of their property for septic installation or other needs.

Analysis:

The specific application request is for the following:

Abandon the existing 12-foot-wide Public Utility Easement along the North Property Line of Lot 9 of the Wildwood Estates Subdivision, Recorded in Book 24 of Maps at Page 49, located in County of Butte, Paradise California; APN 053-011-047-000.

The applicants have filed a request of the proposed abandonments to PG&E, AT&T, PID and Comcast. These four utility providers issued a letter indicating they have no objection to the abandonments of the public utility easement (see attached letters).

The Town of Paradise has no facilities within the easements, and no new facilities are planned within the easements proposed to be vacated. Additionally, the Town has not utilized these easements and has not expended any public funding on facilities within these easements.

This summary vacation was prepared for Town Council consideration in accordance with the Streets and Highways Code Sections 8333, 8335 and 8336.

Financial Impact:

There is no financial impact associated with this abandonment. The costs associated with the processing of this abandonment application have been borne by the applicants. 211
1 TOWN OF PARADISE
RESOLUTION NO. 2026-____

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE PROVIDING FOR THE SUMMARY VACATION OF THE EXISTING 12-FOOT-WIDE PUBLIC UTILITY EASEMENT ALONG THE NORTH PROPERTY LINE OF LOT 9 OF THE WILDWOOD ESTATES SUBDIVISION, RECORDED IN BOOK 24 OF MAPS AT PAGE 49, LOCATED IN COUNTY OF BUTTE, PARADISE CALIFORNIA; APN 053- 011-047-000.

WHEREAS, the Town of Paradise has received an application from Greg Bolin, on behalf of the property owners Jason and Juanita Rothelien, requesting the abandonment of an existing 12-foot-wide Public Utility Easement along the North Property Line of Lot 9 of the Wildwood Estates Subdivision, Recorded in Book 24 of Maps at Page 49, located in County of Butte, Paradise California; APN 053-011-047- 000; and
WHEREAS, a Public Utility Easement may be summarily vacated pursuant to the provisions of Streets and Highway Code Sections 8333 and 8335 if subject easement(s) have not been used for its intended purpose for five years immediately preceding the proposed vacation.

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

SECTION 1. The Council finds, from all evidence submitted, that the 112-foot-wide Public Utility Easement along the North Property Line of Lot 9 of the Wildwood Estates Subdivision, Recorded in Book 24 of Maps at Page 49, located in County of Butte, Paradise California; APN 053-011-047-000 has not been used for its intended purpose for the preceding five years and that it is unnecessary for present or prospective use, SECTION 2. that no public funds have been expended on this easement within the past five years,
SECTION 3. that this vacation is made under division 9, part 3, Chapter 4 of the Streets and Highways Code,
SECTION 4. that the 12-foot public utility easement described is hereby vacated, SECTION 5. that the Town Clerk shall cause a certified copy of this resolution, attested by the Clerk under seal, to be recorded without acknowledgement, or further proof in the Office of the Recorder of the County of Butte. Upon such recordation the vacation shall be complete.
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2 PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 14 th day of April 2026, 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
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