Agenda packet — Paso Robles City Council, June 20, 2023 (part 2 of 6)

City Council Agenda June 20, 2023

ITEM DESCRIPTION UNIT UNIT QUAN- COST SUB- TASK

COST TITY TOTAL TOTAL
Task 1B. Annual Monitoring
(Monitoring and Reporting Program Order No. R3-2008-0050) Landfill gas probes TO-14, landfill leachate tank composite, and Flare CST Professional Services
Field Technician hour $120 5 $600
Practice Leader hour $275 1 $275 $875
Travel
Field Vehicle (4x4) day $125 0 $0
$0
Chargeable Equipment/Consumable Materials
Filters each $18 2 $36
Per Location Charge each $35 4 $140 $176
Laboratory Analysis
SCOPE: Sample kit delivery, sample transport, analysis, lab and field QA/QC, electronic deliverable.

TDS each $10 4 $40
TOC each $25 4 $100
Alkalinity (total, carbonate, bicarbonate) each $24 4 $96 Chloride each $9 4 $36
Nitrate each $9 4 $36
Ammonia each $27 4 $108
Sulfate each $9 4 $36
Sulfide each $28 4 $112
Metals (Fe, Ca, Mg, Na, K, B) each $40 4 $160
TPH (gas, diesel, crude oil) each $75 4 $300
VOCs 8260 each $70 4 $280
VOCs air each $170 7 $1,190
$2,494
Administrative Fee (10%) $249
TASK TOTAL $3,794
Task 1C. LFG Probe Quarterly Monitoring
(Solid Waste Facilities Permit 40-AA-0001)
Landfill gas probes
Professional Services
Field Technician hour $120 16 $1,920
Staff Engineer hour $130 4 $520 $2,440
Travel
Field Vehicle (4x4) day $125 4 $500
$500
Chargeable Equipment/Consumable Materials
Field Meter day $100 4 $400
$400
TASK TOTAL $3,340
2024-2026 per year 6 of 8
Attachment 2

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City Council Agenda June 20, 2023

ITEM DESCRIPTION UNIT UNIT QUAN- COST SUB- TASK

COST TITY TOTAL TOTAL
Task 1D. Title V & AB32 Surface Sweep Quarterly Monitoring (required by California Air Resources Board)
Landfill OVA surface sweep and AB32 compliance
Professional Services
Field Technician hour $120 48 $5,760
Staff Engineer hour $130 16 $2,080
Sr. Project Eng. hour $200 8 $1,600
Practice Leader hour $275 4 $1,100 $10,540
Travel
Field Vehicle (4x4) day $125 8 $1,000
Lodging day $100 4 $400
Per Diem day $50 4 $200 $1,600
Chargeable Equipment/Consumable Materials
TVA, GPS, Weather each $275 4 $1,100 $1,100
TASK TOTAL $13,240
Task 2 -Reporting
Task 2A - Semi-annual MRP Reporting
(Monitoring and Reporting Program Order No. R3-2008-0050) Professional Services
Project Admin hour $89 4 $356
Drafter hour $145 4 $580
Staff Geologist hour $120 56 $6,720
Project Geologist hour $150 32 $4,800
Practice Leader hour $250 14 $3,500 $15,956
TASK TOTAL $15,956
Task 2B - Title V Semi-annual Reporting
NSPS/SLOAPCD Title V report, LFG system report
Professional Services
Project Admin hour $89 2 $178
Drafter hour $145 2 $290
Staff Engineer hour $130 22 $2,860
Proj Eng. hour $150 4 $600
Practice Leader hour $275 1 $275 $4,203
TASK TOTAL $4,203
Task 2C - Title V Annual Certification Report
Title V annual certification report
Professional Services
Staff Engineer hour $120 10 $1,200
Proj Eng. hour $150 2 $300
Practice Leader hour $250 1 $250 $1,750
TASK TOTAL $1,750
Task 2D - Additional PFAS Monitoring and Reporting
Field Tech hour $120 4 $480
Project Scientist hour $150 4 $600
Practice Leader hour $275 1 $275 $1,355
Chargeable Equipment/Consumable Materials
Per Location Charge each $35 8 $280 $280
Laboratory Analysis
PFAS each $302 10 $3,020 $3,020
Administrative Fee (10%) $302
TASK TOTAL $4,957
2024-2026 per year 7 of 8
Attachment 2

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City Council Agenda June 20, 2023

ITEM DESCRIPTION UNIT UNIT QUAN- COST SUB- TASK

COST TITY TOTAL TOTAL
Task 3 - Optional - As-Needed Work
Task 3A - Additional Surface Emissions Re-Monitoring (Optional - As-Needed) Assumes one 10-day return monitoring event per quarter.

Professional Services
Field Technician hour $120 32 $3,840
Staff Engineer hour $130 4 $520
Proj Eng. hour $150 4 $600
Practice Leader hour $275 1 $275 $5,235
Travel
Field Vehicle (4x4) day $125 4 $500
Lodging day $100 0 $0
Per Diem day $50 0 $0 $500
Chargeable Equipment/Consumable Materials
TVA, GPS, Weather each $275 4 $1,100 $1,100
TASK TOTAL $6,835
2024-2026 per year 8 of 8
Attachment 2

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City Council Agenda June 20, 2023
Council Agenda Report
From: David LaCaro, Public Works Operations Manager
Subject: Approval of Contract to MGE Underground, Inc. for Bolen Drive Sinkhole and Storm Drainpipe Repairs
CEQA Determination: The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section Date: June 20, 2023
Facts

1. On January 9, 2023, the City of Paso Robles was impacted by a severe storm event that resulted in sustained damage to public and private infrastructure.

2. As a result, on January 12, 2023, the City declared a local State of Emergency due to the potential for storm intensity and risk to public health and safety.

3. Following the January 9, 2023 storm event, City staff responded to a complaint of a sinkhole that was discovered in the backyard of 715 Bolen Drive.

4. Upon investigation, the cause of the sinkhole appears to be the result of a damaged storm drainpipe that runs east to west, along the backyards of nine separate private properties along Bolen Drive.

5. The 36-inch corrugated metal storm drainpipe was installed as part of Tract 68 in 1957. And because this line runs along the backyard of residential properties, the City maintains rights to a 28-foot-wide drainage easement. The purpose of the drainage easement is to maintain the proper function of the drainage infrastructure and all appurtenances associated with the conveyance of water.

6. On March 2, 2023, staff conducted a video investigation of the 36-inch corrugated metal pipe on to better assess the extent of pipe damage. The video footage was recorded for the entire 620 linear feet of the drainpipe. Approximately 100-linear feet of pipe was not documented as the video camera was obstructed.

7. On March 30, 2023, City staff held a mandatory meeting to discuss the project where solicited contractors had the opportunity to review pictures, maps, and video of the project. On April 6, 2023, staff hosted a site visit with contractors to better understand the project details, constraints, and opportunities.

8. A modification of the formal bidding procedure was necessary for this Project given the public safety concerns, and such a modification is permissible pursuant to Section 6.04.150(f) of the Municipal Code when reasonably necessary for the preservation or protection of public peace, health, safety or welfare of persons or property.

9. On May 9, 2023, the City received the following proposals:

Company Bid Amount
MGE Underground, Inc. $297,893
Souza Contracting, Inc. $244,130

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City Council Agenda June 20, 2023
Options

1. Take no action;

2. Authorize the City Manager to enter into a construction contract with MGE Underground, Inc. to implement the sinkhole and storm drainpipe repair in an amount not to exceed $297,893, and to appropriate funds from the General Funds Reserve to cover the cost of this emergency repair; or

3. Direct staff to pursue a different approach.

Analysis and Conclusions
The City of Paso Robles experienced citywide impact from the January 9, 2023 significant storm event.

Among the damage, the City responded to a report of a sinkhole discovered in the backyard at 715 Bolen Drive. The sinkhole appeared to be a result of a damaged 36-inch corrugated metal pipe (CMP) that runs east to west along the backyards of nine private property homes. Based on visual inspections, staff determined that the bottom of the CMP is rusted and eroded. As a result, soil adjacent to the damaged pipe eroded through the opening in the CMP; thereby creating the sink hole at 715 Bolen Drive. The pipe is required to be fixed to stop further sinkhole erosion and potentially hazardous conditions.

Staff solicited eight local underground contractors to identify the appropriate options to repair the pipe and remedy the sinkhole. A site visit was conducted following a mandatory meeting. The site visit allowed contractors to better understand added complexities (space limitations, limited access) due to the location of the damaged pipe. Staff received proposals from two underground contractors. The two proposals were evaluated and scored as shown in the following decision matrix.

Contractor Project Cost
Impact to
Property
Owners
Project
Lifespan
Project
Timeline Total Score
MGE
Underground,
Inc.
0 1 1 1 3
Souza
Contractors, Inc. 1 1 0 0 2
Staff reviewed and evaluated the proposal to identify the most effective repair methodology and approach. The proposals were evaluated using the following criteria:
 Least Intrusive – Fence damage/removal, vegetation damage/removal, excavation, structure (shed, planters, etc.) removal.
 Project Cost – Equipment used, materials required, operators needed, waste disposal.  Project Timeline/Schedule - Duration of the project start to finish.  Project Lifespan – Selected project option should have a lifespan of 10 to 20 years, or greater.

Based on the selected methodology of installing a Cure-In-Place Pipe (CIPP), which has a 50-year lifespan and is nonintrusive, staff selected MGE Underground to perform the work. In addition, the CIPP methodology is a proven technology and takes very little time to install. Based on staff evaluation, MGE Underground, Inc. provided a superior repair method that is less intrusive to private property owners and will protect a longer segment of CMP for the cost of installation.

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City Council Agenda June 20, 2023
Fiscal Impact
Bolen Drive sinkhole and storm drainpipe repairs are estimated to cost a maximum of $297,893. It is proposed that General Fund Reserves be used for the project repairs. This project was not previously budgeted but is necessary to maintain safe conditions for neighboring private property owners. Staff is actively seeking reimbursement from FEMA for this project, however it is not yet been determined if the project will qualify.

CEQA
The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15301, subd. (b).

Recommendation
Approve Resolution 23-XXX, authorizing the City Manager to enter into a construction contract with MGE Underground, Inc. to implement the sinkhole and storm drainpipe repair in an amount not to exceed $297,893, for implementation of the Bolen Drive Sinkhole and Storm Drain Pipe Repairs; to appropriate funds from General Fund reserves to cover the cost of this emergency repair; and to authorize the City Manager and City Attorney to make any minor alterations to the contract that are consistent with the Council action.

Attachments

1. Resolution 23-XXX
a. Exhibit A – Bolen Sinkhole and SD Repair – MGE Agreement

2. MGE Underground Proposal

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City Council Agenda June 20, 2023
Attachment 1
RESOLUTION 23-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES APPROVING AWARD OF CONTRACT TO MGE UNDERGROUND, INC. FOR BOLEN DRIVE SINKHOLE

AND STORM DRAINPIPE REPAIRS
WHEREAS, the City of Paso Robles was impacted by the January 9, 2023 storm event causing damage to both public and private infrastructure. The city enacted a State of Emergency due to the potential for storm intensity, risk to public health and safety on January 12, 2023; and WHEREAS, City staff responded to a complaint of a sinkhole that was discovered in the backyard of 715 Bolen Drive on January 10, 2023; and
WHEREAS, the sinkhole appeared to be the result of a damaged storm drain pipe that runs east to west along the backyards of nine separate private properties along Bolen Drive; and WHEREAS, the 36-inch corrugated metal storm drain pipe was installed as part of Tract 68 in 1957. In addition, the City maintains rights to a 28-foot-wide drainage easement; and WHEREAS, City staff conducted a video investigation of the 36-inch corrugated metal pipe on March 2, 2023, to better assess the extent of pipe damage. The video footage recorded the entire 620 linear feet of the drain pipe; and
WHEREAS, a modification of the formal bidding procedure was necessary for this Project given the public safety concerns, and such a modification is permissible pursuant to Section 6.04.150(f) of the Municipal Code when reasonably necessary for the preservation or protection of public peace, health, safety or welfare of persons or property; and
WHEREAS, subsequent to two project meetings, the City received two informal quotes on May 9, 2023, which were reviewed and evaluated to identify the most effective repair methodology and approach; and
WHEREAS, MGE Underground presented a proposal that best fits the needs of the project and received the highest score based on the City’s evaluation criteria; and WHEREAS, General Fund Reserves are proposed to fund the emergency repair project.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. All of the above recitals are true and correct and incorporated herein by reference.

Section 2. The City Council hereby approves a construction contract with MGE Underground, Inc. for the Bolen Drive Sinkhole and Storm Drain Pipe Repair Project in substantially the form attached hereto as Exhibit A, and incorporated herein by reference, and authorizes the City Manager to execute the Agreement, subject to any minor, technical, or non-substantive changes as approved by the City Manager and the City Attorney.

Section 3. Appropriate General Fund Reserves to fund the project in an amount not to exceed $297,893.

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City Council Agenda June 20, 2023
Attachment 1
APPROVED this 20th day of June, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Steven W. Martin, Mayor
ATTEST:

Melissa Boyer, City Clerk

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City Council Agenda June 20, 2023
Exhibit A
82477.07000\30678931.1 -1-
City of El Paso de Robles
"The Pass of the Oaks"

CONTRACT
This CONTRACT, No. DPW 23-13 is made and entered into this 21st day of June, 2023, by and between City of El Paso de Robles, sometimes hereinafter called “City,” and MGE Underground, Inc., sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
a. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:

Bolen Sinkhole and Storm Drainpipe Repair Project
The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation. b. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 45 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. c. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Two Hundred Ninety-Seven Thousand Eight Hundred Ninety-Three Dollars ($297,893). Payment shall be made as set forth in the General Conditions.
d. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum set forth in Section 00 73 13, Article 1.11 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.
e. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:

Public Works Contractor Registration Certification

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City Council Agenda June 20, 2023
Exhibit A
82477.07000\30678931.1 -2-
Performance Bond
Payment (Labor and Materials) Bond
General Conditions - Insurance
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
f. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
g. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions.
h. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

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City Council Agenda June 20, 2023
Exhibit A
82477.07000\30678931.1 -3-
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF EL PASO DE ROBLES MGE Underground, Inc.

By: By:

Ty Lewis Date
City Manager Its:

Printed Name:
(CONTRACTOR’S SIGNATURE MUST BE

NOTARIZED AND CORPORATE

SEAL AFFIXED, IF APPLICABLE)
CITY ATTORNEY APPROVAL:

By:

City Attorney
REVIEWED:

By:

City Project Manager

END OF CONTRACT

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City Council Agenda June 20, 2023
Exhibit A
82477.07000\30678931.1 -4-
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

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City Council Agenda June 20, 2023
Exhibit A
82477.07000\30678931.1 -5-
City of El Paso de Robles
"The Pass of the Oaks"
Performance Bond.

KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of El Paso de Robles, (hereinafter referred to as “City”) has awarded to MGE Underground, Inc., (hereinafter referred to as the “Contractor”) an agreement for Contract No. DPW 23-13, (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated June 21, 2023, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, _______________________________________________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Two Hundred NinetySeven Thousand Eight Hundred Ninety Three Dollars ($297,893), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor

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City Council Agenda June 20, 2023
Exhibit A
82477.07000\30678931.1 -6-
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.

The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.

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City Council Agenda June 20, 2023
Exhibit A
82477.07000\30678931.1 -7-
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)

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City Council Agenda June 20, 2023
Exhibit A
82477.07000\30678931.1 -8-
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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City Council Agenda June 20, 2023
Exhibit A
82477.07000\30678931.1 -9-
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.

END OF PERFORMANCE BOND

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City Council Agenda June 20, 2023
Exhibit A
82477.07000\30678931.1 -10-
City of El Paso de Robles
"The Pass of the Oaks"
Payment Bond (Labor and Materials).

KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of El Paso de Robles (hereinafter designated as the “City”), by action taken or a resolution passed June 20, 2023, has awarded to MGE Underground, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows: Contract No. DPW 23-13 (the “Project”); and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and ___________________________________________ as Surety, are held and firmly bound unto the City in the penal sum of Two Hundred Ninety-Seven Thousand Eight Hundred Ninety-Three Dollars ($297,893), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition,

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City Council Agenda June 20, 2023
Exhibit A
82477.07000\30678931.1 -11-
alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title

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City Council Agenda June 20, 2023
Exhibit A
82477.07000\30678931.1 -12-
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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City Council Agenda June 20, 2023
Exhibit A
82477.07000\30678931.1 -13-
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

END OF PAYMENT BOND

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City Council Agenda June 20, 2023
82477.07000\30678931.1 -14-

INSURANCE
The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain all of the insurance described in this Article. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required hereunder. Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Article. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause. Contractor shall furnish City with original certificates of insurance and endorsements effective coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms acceptable to the City. All certificates and endorsements must be received and approved by the City before Work commences.

Additional Insureds; Waiver of Subrogation. The City, its officials, officers, employees, agents and authorized volunteers shall be named as Additional Insureds on Contractor’s All Risk policy and on Contractor’s and its subcontractors’ policies of Commercial General Liability and Automobile Liability insurance using, for Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 20 10 and 20 37 (or endorsements providing the exact same coverage, including completed operations), and, for subcontractors’ policies of Commercial General Liability insurance, ISO CG form 20 38 (or endorsements providing the exact same coverage). Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, all available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as Additional Insureds hereunder. Contractor and its insurance carriers shall provide a Waiver of Subrogation in favor of those parties.

Workers’ Compensation Insurance. The Contractor shall provide workers’ compensation insurance for all of the employees engaged in Work under this Contract, on or at the Site, and, in case of any sublet Work, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in work under this Contract, on or at the Site, is not protected under the Workers’ Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of section 3700 of the Labor Code. The Contractor shall file with the City certificates of his insurance protecting workers. Company or companies providing insurance coverage shall be acceptable to the City, if in the form and coverage as set forth in the Contract Documents.

Employer’s Liability Insurance. Contractor shall provide Employer’s Liability Insurance, including Occupational Disease, in the amount of at least one million dollars ($1,000,000.00) per person per accident. Contractor shall provide City with a certificate of Employer’s Liability Insurance. Such insurance shall comply with the provisions of the Contract Documents. The policy shall be endorsed, if applicable, to

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82477.07000\30678931.1 -15-
provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of the City.

Commercial General Liability Insurance. Contractor shall provide “occurrence” form Commercial General Liability insurance coverage at least as broad as the most current ISO CGL Form 00 01, including but not limited to, premises liability, contractual liability, products/completed operations, personal and advertising injury which may arise from or out of Contractor’s operations, use, and management of the Site, or the performance of its obligations hereunder. The policy shall not contain any exclusion contrary to this Contract including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 39); or (2) cross-liability for claims or suits against one insured against another. Policy limits shall not be less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be paid in addition to the limits.

Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to the City, and shall not preclude the City from taking such other actions available to the City under other provisions of the Contract Documents or law.

All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents.

All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions relating to liability for injury to or death of persons and damage to property.

If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the City may require additional coverage to be purchased by Contractor to restore the required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents.

All policies of general liability insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

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82477.07000\30678931.1 -16-
Automobile Liability Insurance. Contractor shall provide “occurrence” form Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least, one million dollars ($1,000,000) per accident for bodily injury and property damage. Such insurance shall provide coverage with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible, in a form and with insurance companies acceptable to the City. All policies of automobile insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

Builder’s Risk [“All Risk”]
It is the Contractor’s responsibility to maintain or cause to be maintained Builder’s Risk [“All Risk”] extended coverage insurance on all work, material, equipment, appliances, tools, and structures that are or will become part of the Work and subject to loss or damage by fire, and vandalism and malicious mischief, in an amount to cover 100% of the replacement cost. The City accepts no responsibility for the Work until the Work is formally accepted by the City. The Contractor shall provide a certificate evidencing this coverage before commencing performance of the Work.

The named insureds shall be Contractor, all Subcontractors of any tier (excluding those solely responsible for design work), suppliers, and City, its elected officials, officers, employees, agents and authorized volunteers, as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Work following acceptance by City.

Policy shall be provided for replacement value on an “all risk” basis. There shall be no coinsurance penalty provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) transit coverage, including ocean marine coverage (unless insured by the supplier), with sub-limits sufficient to insure the full replacement value of any key equipment item; and (5) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site. Such insurance shall be on a form acceptable to City to ensure adequacy and sublimit.

In addition, the policy shall meet the following requirements:
a. Insurance policies shall be so conditioned as to cover the performance of any extra work performed under the Contract.
b. Coverage shall include all materials stored on site and in transit. c. Coverage shall include Contractor’s tools and equipment. d. Insurance shall include boiler, machinery and material hoist coverage.

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City Council Agenda June 20, 2023
82477.07000\30678931.1 -17-
Contractor shall require all tiers of sub-contractors working under this Contract to provide the insurance required under this Article unless otherwise agreed to in writing by City. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Contract. If any subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the City as a result thereof.

FORM AND PROOF OF CARRIAGE OF INSURANCE
Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the City’s Risk Manager. Carrier(s) shall have an A.M.

Best rating of not less than an A:VII. Insurance deductibles or self-insured retentions must be declared by the Contractor. At the election of the City the Contractor shall either 1) reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.

Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or cancelled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, officers, agents, employees, and volunteers.

The Certificates(s) and policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that it shall provide no less than thirty (30) days written notice be given to the City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the City may terminate the Contract or stop the Work in accordance with the Contract Documents, unless the City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Site, or commence operations under this Contract until the City has been furnished original Certificate(s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Article. The original endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf.

The Certificate(s) of Insurance, policies and endorsements shall so covenant and shall be construed as primary, and the City’s insurance and/or deductibles and/or selfinsured retentions or self-insured programs shall not be construed as contributory.

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City reserves the right to adjust the monetary limits of insurance coverages during the term of this Contract including any extension thereof if, in the City’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate.

Contractor shall report to the City, in addition to the Contractor’s insurer, any and all insurance claims submitted by the Contractor in connection with the Work under this Contract.

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City Council Agenda June 20, 2023
82477.07000\30678931.1 1
ARTICLE I. CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT’S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A

PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT.

Identifying Information
Name of Claimant:

Name of Customer:

Job Location:

Owner:

Through Date:

Conditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant’s receipt of payment from the financial institution on which the following check is drawn:

Maker of Check:

Amount of Check: $
Check Payable to:

Exceptions
This document does not affect any of the following:
(1) Retentions.
(2) Extras for which the claimant has not received payment. (3) The following progress payments for which the claimant has previously given a conditional waiver and release but has not received payment:

Date(s) of waiver and release:

Amount(s) of unpaid progress payment(s): $
(4) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment.

Signature
Claimant’s Signature:

Claimant’s Title:

Date of Signature:

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82477.07000\30678931.1 2
ARTICLE II. CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT’S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A

PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT.

Identifying Information
Name of Claimant:

Name of Customer:

Job Location:

Owner:

Conditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant’s receipt of payment from the financial institution on which the following check is drawn:

Maker of Check:

Amount of Check: $
Check Payable to:

Exceptions
This document does not affect any of the following:

Disputed claims for extras in the amount of: $
Signature
Claimant’s Signature:

Claimant’s Title:

Date of Signature:

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City Council Agenda June 20, 2023
82477.07000\30678931.1 3
ARTICLE III. UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP

PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS

DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM.

Identifying Information
Name of Claimant:

Name of Customer:

Job Location:

Owner:

Through Date:

Unconditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. The claimant has received the following progress payment:
$
Exceptions
This document does not affect any of the following:
(1) Retentions.
(2) Extras for which the claimant has not received payment. (3) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment.

Signature
Claimant’s Signature:

Claimant’s Title:

Date of Signature:

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City Council Agenda June 20, 2023
82477.07000\30678931.1 1 EXHIBIT “A”
Change Order Form
EXHIBIT “A”

CHANGE ORDER FORM
City of El Paso de Robles
Contract Change Order #
Project: Change Order No.:

Orig. Contract Amt.: $ Days
Contract No.:

Contractor: Prev. Appvd. Changes: $ Days
Owner: City of El Paso de Robles This Change: $ Days
Revised Contract Amt.: $ Days
This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor and City of El Paso de Robles, otherwise referred to as Owner.

Item
No. Description of Changes
Increase/
(Decrease)
in Contract
Amount
Contract
Time
Extension,
Days
1 2
Totals $
This Contract Change Order consists of 2 pages and any exhibits attached to this Contract Change Order shall not be part of the Contract Change Order unless specifically initialed by or on behalf of both the Contractor and the City of El Paso de Robles.

Contract Change Order # Page 1 of 2
1000 Spring Street
Paso Robles, CA 93446
(949) 493-1171

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City Council Agenda June 20, 2023
82477.07000\30678931.1 2 EXHIBIT “A”
Change Order Form
The amount of the contract will be increased by the sum of $ and the contract time shall be extended by working days. The undersigned Contractor approves the foregoing Change Order # as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order #. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner.

Contractor accepts the terms and conditions stated above as full and final settlement of any and all claims arising out of or related to the subject of this Change Order and acknowledges that the compensation (time and cost) set forth herein comprises the total compensation due for the work or change defined in the Change Order, including all impact on any unchanged work. By signing this Change Order, the Contractor acknowledges and agrees that the stipulated compensation includes payment for all Work contained in the Change Order, plus all payment for any acceleration or interruption of schedules, extended overhead costs, delay, and all impact or cumulative impact on all Work under this Contract. The signing of this Change Order acknowledges full mutual accord and satisfaction for the change and that the stated time and/or cost constitute the total equitable adjustment owed the Contractor as a result of the change. The Contractor hereby releases and agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of, or as a result of, this Change Order and/or its impact on the remainder of the Work under the Contract.

Accepted:
(Signature) Contractor’s Authorized Representative Date Recommended:
(Signature) [**INSERT NAME, TITLE**] Date
Approved:
(Signature) [**INSERT NAME, TITLE**] Date
Item
No.

Justification for Change(s)
1 2
This Contract Change Order consists of 2 pages and any exhibits attached to this Contract Change Order shall not be part of the Contract Change Order unless specifically initialed by or on behalf of both the Contractor and the City of El Paso de Robles.

Contract Change Order # Page 2 of 2

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City Council Agenda June 20, 2023
5/9/2023 11:38:32AM
23W0013 - CMP REPAIR, BOLEN DR. - CITY OF PASO
Paso Robles, CA 93447
Post Office Box 4189
MGE Underground, Inc.
[email protected]
805-238-3510
805-238-1975
Contact:

Phone:

Fax:

Quote To: Kevin Wells - City of Paso Job Name: 23W0013
Address: 715 Bolen Dr. Date of Plans:

Paso Robles, CA
Email: [email protected]
Phone:

Fax:

Bid Date: 05/09/23
Thank you for considering our proposal.

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT
SINK HOLE - CMP REPAIR LS 1.00 297,893.00 297,893.00
GRAND TOTAL $297,893.00
NOTES:

PROJECT SCOPE CLARIFICATIONS:

MGE, with support of Sancon Technologies, will provide manpower, equipment, and material to complete storm drain rehabilitation on Bolen Dr.

Proposal includes:

MGE & Sancon to use confined space entry procedures and equipment. (Access points (1) West of Bolen, Storm drain export creek access, (1) residents back yard, 36" CMP grate access) to clean debris in 510' of CMP storm drain, repair damaged areas in CMP, fill voids in CMP, and prep 510'for CIPP liner installation.

Once prep is complete, CMP will be confirmed its ready for liner with video verification. Once verified and measured, the liner will be ordered and customized for this project. (Liner led time is 2-4 weeks.) 36" x 13.5mm x 510' of Liner will be installed, accessing from the points mentioned above, and cured in place with polyester resin.

Once liner process is complete, MGE will complete backfilling the sinkhole at 715 Bolen Dr. Sink hole will be backfilled with 2- sack slurry and topsoil.

LIFESPAN: Expectancy of CMP Rehabilitation Liner - 50 years.

PROJECT TIMELINE:

Clean / Prep CMP expectancy: 5 days
(2 - 4-week lead time for liner to be customized)
Liner installation & cure: 1 day.

Backfill sink hole: 1 day.

SUBCONTRACTOR:

Sancon Technologies, Inc.

STATE CONTRACTORS LICENSE #774055
DIR REGISTRATION # 1000008879
INCLUSIONS:
-All required labor, equipment, tooling, and materials, unless specifically excluded. -All work to be performed per the plans provided to MGE and the standard specifications applicable at the time of bid.

Page 1 of 2 ends

Attachment 2

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City Council Agenda June 20, 2023
EXCLUSIONS/CLARIFICATIONS:
-Unforeseen Conditions including groundwater, rock, hardpan, unmarked and/or unknown utilities, flooding, hazardous materials, unsuitable onsite materials. (Please note: MGE shall make every reasonable effort to determine soil conditions prior to bid submission. However, any increase in job cost, directly or indirectly, that is due to the unforeseen conditions shall be considered out of scope and MGE reserves the right to increase the contract amount accordingly.) -Any and all considerations for environmental, biological, or archeological monitoring and any cost associated with such regulatory agencies
-Utilities or work not indicated on the bid plans or acknowledged in the bid specifications. -Additional mobilizations (except for MGE's convenience) -Land owner access agreements
-Survey and staking
-Soils and compaction testing
-Permits / Permitting fees
-Bonding
-SWPPP
-Erosion Control
-Additional repair beyond the 510' planned rehabilitation -Hard scape repairs
-Any and all work associated with PGE power pole and overhead lines.

TERMS:
-Proposal valid for 30 days. Pricing may be subject to material price increases beyond MGE's control. -Progress billing cycle shall be no more than monthly.
-Payment to be made within 30 days of invoice. Finance charges of 1.5% per month shall be applied to all past due balances.

CUSTOMER ACCEPTANCE:

Firm:_________________________________
Title:________________________________
Print Name:___________________________
Signed:__________________________Date:________________
Please return the signed original.

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Attachment 2

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City Council Agenda June 20, 2023
Council Agenda Report
From: Brian Cowen, City Engineer
Subject: Approval of Amended Reimbursement Agreement for Tract 3069 CEQA Determination: The City Council certified a Mitigated Negative Declaration for Tract 3069 by approving Resolution 16-103. The City finds the amended reimbursement agreement does not constitute a substantial change to the project requiring further environmental review pursuant to CEQA Guidelines Sections 15162 and 15164.

Date: June 20, 2023
Facts

1. Vesting Tentative Tract Map 3069 was approved by the City Council on August 2, 2016.

2. Tract 3069 is an industrial subdivision consisting of 13 large lots with a 134.7-acre remainder parcel.

3. The project is located East of Wisteria Lane, West of Airport Road, and North of State Route 46.

4. The property is accessed at the eastern end of Wisteria Lane, east of Golden Hill Road, and north of State Route 46 East.

5. Tract map approval included conditions of approval requiring recycled water and sewer line oversizing and arterial road construction.

6. Engineering Condition 22 requires the applicant to dedicate right-of-way and install a new two-lane arterial street. The arterial street will be the future new alignment of Airport Road after the construction of the Huer Huero Bridge and Union Road Highway 46 East Overpass. The condition allows a TIF credit/reimbursement agreement because the roadway and facilities are part of the City’s AB1600 Project List.

7. On October 5, 2021, City Council adopted Resolution 21-144, approving Reimbursement and Improvement Agreements for Tract 3069.

8. As an additional condition of approval for the Project, due to deteriorative effects that vehicle traffic is anticipated to have on the roadway, Developer is required to provide road paving that meets a Traffic Index of 8.0; however, due to changed conditions in the Project area and sound engineering judgment, it is now the desire of the City that the road paving meet a Traffic Index of 11.5.

9. Developer is willing to pay the additional cost associated with the Oversized Pavement Improvements, subject to City’s agreement to reimburse Developer for one hundred percent (100%) of the total cost of the Oversized Pavement Improvements, not to exceed $294,490, pursuant to the terms of this Agreement.

10. Developer now requests that the City Amend the Reimbursement Agreement for Tract 3069 to include reimbursement for the Oversized Pavement Improvements.

Options

1. Take no action.

2. Approve the First Amended and Restated Oversized Improvements Reimbursement Agreement for Tract 3069 and authorize the City Manager to sign the agreement on behalf of the City Council.

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City Council Agenda June 20, 2023

3. Provide alternative direction to staff.

Analysis and Conclusions
Pavement Upgrade to 11.5 Traffic Index
As an additional condition of approval for the Project, due to deteriorative effects that vehicle traffic is anticipated to have on the roadway, Developer is required to provide road paving that meets a Traffic Index (“TI”) of 8.0; however, due to changed conditions in the Project area and sound engineering judgment, it is now the desire of the City that the road paving meet a TI of 11.5 (“Oversized Pavement Improvements”).

Developer is willing to pay the additional cost associated with the Oversized Pavement Improvements, subject to City’s agreement to reimburse Developer for one hundred percent (100%) of the total cost of the Oversized Pavement Improvements, not to exceed $294,490, pursuant to the terms of this Agreement.

The Oversize Reimbursement Agreement lays out the conditions that must be met by both the City and applicant before a reimbursement can be paid. The agreement conditions include requirements for design, three competitive bids, documentation of costs, controls on change orders and other general City legal agreement language. A reimbursement will only be made once the applicant has provided the City with all required documentation required by the agreement and the line is accepted by the City Council.

Fiscal Impact
The agreement reimburses the developer $294,490 to construct the road condition beyond their project’s impacts. This was known at the time of budget adoption and as a result, the budget appropriations from the Transportation Development Act fund have already been made; no further action is necessary.

CEQA
The City Council certified a Mitigated Negative Declaration for Tract 3069 by approving Resolution 16-103.

The City finds the amended reimbursement agreement does not constitute a substantial change to the project requiring further environmental review pursuant to CEQA Guidelines Sections 15162 and 15164.

Recommendation
Approve Resolution 23-XXX, approving the First Amended and Restated Oversized Improvements Reimbursement Agreement and direct the City Manager to sign the agreement on behalf of the Council.

Attachments

1. Resolution 23-XXX
a. Exhibit A - First Amended and Restated Oversized Improvements Reimbursement Agreement for Tract 3069

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Attachment 1
RESOLUTION 23-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES

APPROVING THE FIRST AMENDED AND RESTATED OVERSIZED IMPROVEMENTS REIMBURSEMENT AGREEMENT WITH JUSTIN VINEYARDS & WINERY LLC FOR TRACT 3069 WHEREAS, Vesting Tentative Tract Map 3069 was approved by the City Council on August 2, 2016; and WHEREAS, Tract 3069 is an industrial subdivision consisting of 13 large lots with a 134.7 acre remainder parcel; and
WHEREAS, The project is located East of Wisteria Lane, West of Airport Road, and North of State Route 46; and
WHEREAS, The property is accessed at the eastern end of Wisteria Lane, east of Golden Hill Road, and north of State Route 46 East; and
WHEREAS, Tract map approval included conditions of approval requiring recycled water and sewer line oversizing and arterial road construction; and
WHEREAS, Engineering Condition 22 requires the applicant to dedicate right-of-way and install a new two-lane arterial street. The arterial street will be the future New Airport Road after the construction of the Huer Huero Bridge and Union Road Highway 46 East Overpass. The condition allows a TIF credit/reimbursement agreement because the roadway and facilities are part of the City’s AB1600 Project List; and
WHEREAS, On October 5, 2021 City Council adopted Resolution 21-144, approving Reimbursement and Improvement Agreements for Tract 3069; and
WHEREAS, As an additional condition of approval for the Project, due to deteriorative effects that vehicle traffic is anticipated to have on the roadway, Developer is required to provide road paving that meets a Traffic Index of 8.0; however, due to changed conditions in the Project area and sound engineering judgment, it is now the desire of the City that the road paving meet a Traffic Index of 11.5; and
WHEREAS, Developer is willing to pay the additional cost associated with the Oversized Pavement Improvements, subject to City’s agreement to reimburse Developer for one hundred percent (100%) of the total cost of the Oversized Pavement Improvements, not to exceed $294,490.00, pursuant to the terms of this Agreement; and
WHEREAS, Developer now requests that the City Amend the Reimbursement Agreement for Tract 3069 to include reimbursement for the Oversized Pavement Improvements. The Amended Reimbursement Agreement is included as Exhibit A.

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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. All the above recitals are true and correct and incorporated herein by reference.

Section 2. The City Council hereby approves the First Amended and Restated Oversized Improvements Reimbursement Agreement with Justin Vineyards and Winery LLC for Tract 3069 in substantially the forms attached hereto as Exhibit A, and incorporated herein by reference, and authorizes the City Manager to execute the agreements, subject to any minor, technical, or nonsubstantive changes as approved by the City Manager and the City Attorney.

APPROVED this 20th day of June, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Steven W. Martin, Mayor
ATTEST:

Melissa Boyer, City Clerk
Exhibit A - First Amended and Restated Oversized Improvements Reimbursement Agreement with Justin Vineyards and Winery LLC for Tract 3069

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FIRST AMENDED AND RESTATED

OVERSIZED IMPROVEMENTS

REIMBURSEMENT AGREEMENT
TRACT 3069
14" Water Line
10" Sewer Line and Sewer Lift Station
Pavement Upgrade to 11.5 Traffic Index
This First Amended and Restated Oversized Improvements Reimbursement Agreement ("Agreement") is made as of this day of , 2023, by and between the City of Paso Robles, California ("City"), and Justin Vineyards & Winery LLC ("Developer"). City and Developer may be referred to herein individually as "Party" or collectively as "Parties."

RECITALS
A. Developer obtained approval for a tentative map relating to a subdivision of Tract 3069 known as Justin Winery (the "Project");
B. As a condition of approval for the Project, the City required Developer to install certain improvements to mitigate the impacts of the Project; C. The City has requested that the Developer install improvements with capacity greater than that needed to serve only the Project, which improvements will benefit both the Project and the City;
D. Specifically, the Project's demands for recycled water would require the installation of 1483 linear feet of 8" waterline for Phase 1 and 1762 linear feet of 8" waterline for Phase 2, and the City has requested that the Developer instead install 535 linear feet of 16" waterline and 1038 linear feet of 10" waterline for Phase 1 (the "Phase 1 Oversized Waterline") and 1762 linear feet of 10" waterline for Phase 2 (the "Phase 2 Oversized Waterline" and together with the Phase 1 Oversized Waterline, the "Oversized Waterline") based on the City Carollo Plan;
E. Developer is willing to pay for the costs of installing the Phase 1 Oversized Waterline subject to the City's agreement to reimburse Developer for the difference in cost between the 8" waterline and the Phase 1 Oversized Waterline and if Developer elects to complete Phase 2 of the Project, then Developer is willing to pay for the costs of installing the Phase 2 Oversized Waterline subject to the City's agreement to reimburse Developer for the difference in cost between the 8" waterline and the Phase 2 Oversized Waterline, in each case pursuant to the terms of this Agreement;
F. Additionally, as a condition of approval for the Project, Developer will need to utilize existing City sewer mains to serve the development. City and Developer recognize that the development cannot feasibly utilize the existing sewer mains without construction of 1483 linear feet of 10" sewer force main line in Phase 1 (the Phase 1 Exhibit A

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Sewer Line"), 1762 linear feet of 10" sewer force main in Phase 2 (the Phase 2 Sewer Line"), and the first phase of a regional sewer lift station in Phase 2 (collectively, the "Sewer Lift Station Facilities");
G. It is the desire of City that the Sewer Lift Station Facilities be constructed in sufficient size, capacity, number, or length to serve adjacent real property that is not part of the development ("Oversized Sewer Lift Station Facilities"); and H. As an additional condition of approval for the Project, due to deteriorative effects that vehicle traffic is anticipated to have on the roadway, Developer is required to provide road paving that meets a Traffic Index (“TI”) of 8.0; however, due to changed conditions in the Project area and sound engineering judgment, it is now the desire of the City that the road paving meet a TI of 11.5 (“Oversized Pavement Improvements”); and
I. Developer is willing to pay for the costs of installing the Phase 1 Sewer Line and, if Developer elects to complete Phase 2 of the Project, the Oversized Sewer Lift Station Facilities, subject to the City's agreement to reimburse Developer for seventy-five percent (75%) of the total cost of the Phase 1 Sewer Line and the Oversized Sewer Life Station Facilities, pursuant to the terms of this Agreement; and J. Developer is willing to pay the additional cost associated with the Oversized Pavement Improvements, subject to City’s agreement to reimburse Developer for one hundred percent (100%) of the total cost of the Oversized Pavement Improvements, not to exceed $294,490.00, pursuant to the terms of this Agreement.

NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants and consideration contained herein, the Parties mutually agree as follows:

1. Incorporation of Recitals. The Parties acknowledge that the above recitals are true and correct, and incorporate those recitals by reference into this Agreement.

2. Reimbursable Improvements. The Oversized Waterline, Oversized Sewer Lift Station Facilities, and Oversized Pavement Improvements subject to this Agreement are shown on Exhibit "A," attached hereto and incorporated herein by reference, except that to the extent that any provision in Exhibit A conflicts with this Agreement, the provisions of this Agreement govern. The Phase 1 Oversized Waterline, the Phase 2 Oversized Waterline, the Phase 1 Sewer Line, the remaining Oversized Sewer Life Station Facilities, and the Oversized Pavement Improvements are referred to collectively herein as the "Reimbursable Improvements" and individually as a "Reimbursable Improvement". The Reimbursable Improvements may be designed, bid, and constructed in two phases, consistent with the phasing plan previously approved by the City for Tract 3069 (referred to herein as "Phase 1" and "Phase 2"). All provisions of this Agreement shall apply separately to Phase 1 and Phase 2. Current estimates of the amounts to be reimbursed to Developer for Phase 1 and Phase 2 are set forth in Exhibit A. Developer may request full reimbursement for a Reimbursable Improvement completed during Phase 1, prior to the initiation of Phase 2. Notwithstanding anything to the contrary herein, Exhibit A

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Developer is not obligated to complete Phase 2 of the Project. The purpose of this Agreement is to set forth the parties' respective rights and obligations regarding the Reimbursable Improvements for Phase 1 and, if Developer proceeds with Phase 2, the Reimbursable Improvements for Phase 2.

3. Design of Reimbursable Improvements.

3.1. Developer shall retain an engineer registered in California to design the Reimbursable Improvements described in Exhibit "A" (the "Engineer"). The Engineer shall have experience designing similar facilities. Developer shall cause Engineer to maintain professional liability insurance with limits of not less than $1,000,000. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," Engineer will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover Engineer for all claims made by City arising out of any errors or omissions of Engineer, or its officers, employees, or agents during the time this Agreement is in effect.

3.2. The plans and specifications for such facilities shall strictly conform to the City's standards and specifications and be reviewed and approved by the City prior to Developer soliciting bids for the construction of the improvements.

3.3. Developer understands that the Reimbursable Improvements are public works within the meaning of Part 7 of Division 2 of the California Labor Code (Sections 1720 and following). Accordingly, the specifications shall include language referencing Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on public works projects. Since the construction of the Reimbursable Improvements is a public work as defined in the Prevailing Wage Laws, and since the total cost of the work will exceed $1,000 or more, Developer agrees to fully comply with and to require its contractors and consultants to fully comply with such Prevailing Wage Laws. In addition, Developer agrees to keep, and require its contractors, subcontractors, and consultants to keep accurate payroll records available for inspection in accordance with all provisions of the Labor Code's Prevailing Wage requirements. Developer shall defend (with counsel reasonable acceptable to the City), indemnify and hold the City, its elected officials, officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure of the Developer or its contractors, subcontractors, and consultants to comply with the Prevailing Wage Laws and implementing regulations of the Department of Industrial Relations, including payroll record retention requirements, in connection with construction of the Reimbursable Improvements identified Exhibit A

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in this Agreement. The foregoing indemnity shall survive any termination of this Agreement.

4. Construction of Reimbursable Improvements.

4.1. Developer shall, upon City approval of the plans and specifications for the Oversized Waterline or the Oversized Sewer Lift Station Facilities, obtain at least three (3) competitive bids for such Reimbursable Improvement described in Exhibit "A." The City reserves the right to review the bids prior to the awarding of the contract for construction related to City participation. If the bid prices for a Reimbursable Improvement is not considered by the City as reasonable construction costs, the Developer shall reject all bids and seek further bids from contractors, and if said bids are lower than the bids obtained through the first solicitation, the City shall pay the lower amount for such Reimbursable Improvement.

4.2. Developer shall, however, be permitted to use the contractor who submitted a higher bid and the difference shall be at the Developer's sole cost and expense. Subject to adjustment in accordance with Section 7 of this Agreement, the City's total reimbursement to the Developer for the Reimbursable Improvements shall not exceed one million two hundred thirtyone thousand two hundred and forty-three dollars ($1,231,243.00).

4.3. A City representative shall be present when the bids are opened and shall be given copies of the bids at that time.

4.4. Developer shall enter into a contract with the Contractor selected to perform the described work. Said Contractor must hold all of the appropriate licenses and meet all qualifications and experience requirements to perform the work described in the plans and specifications and to satisfy the requirements including but not limited to, bonding and insurance requirements of the City. Developer shall include experience qualifications acceptable to City in the contract documents. Copies of all contracts associated with the Reimbursable Improvements shall be provided to the City prior to commencement of construction, and as a condition of reimbursement.

4.5. City shall be notified a minimum of forty-eight (48) hours prior to the commencement of construction. All construction of the Reimbursable Improvements shall meet or exceed industry standards, be lien free, and in compliance with the plans and specifications. All construction of the Reimbursable Improvements described in Exhibit "A" shall comply with all necessary governmental requirements including, but not limited to, obtaining all engineering, plan checks, permits, geotechnical reports, tests, and inspections required in order to complete the project in accordance with the plans and specifications.

Exhibit A

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4.6. Developer shall complete construction of each Phase 1 Reimbursable Improvement described in Exhibit "A" in a timely manner consistent with the phasing plan previously approved by the City for Tract 3069 attached hereto in Exhibit A. If Developer elects to construct the Phase 2, then Developer shall complete construction of such Phase 2 Reimbursable Improvements described in Exhibit "A" in a timely manner consistent with the phasing plan previously approved by the City for Tract 3069 attached hereto in Exhibit A.

A Reimbursable Improvement shall not be deemed complete until approved and accepted by the City. Upon substantial completion of a Reimbursable Improvement, Developer shall notify the City Engineer of its desire for an improvement permit sign-off for such Reimbursable Improvement. The City Engineer shall, within fourteen (14) days of such notice, inspect such Reimbursable Improvement and provide the Developer with written notice of any construction defects identified by the City Engineer. Developer shall remedy all construction defects for such Reimbursable Improvement and provide the information required by the City's Standard Details and Specifications, Section 111-3, Acceptance of Public Improvements. Within thirty (30) days of the Developer satisfying such obligations, the City Engineer will use best efforts to cause an item to be added to the City Council agenda relating to acceptance of such Reimbursable Improvement and will make a written recommendation to the City Council to accept such Reimbursable Improvement (an "Acceptance Recommendation"). The City Council shall use best efforts to act upon an Acceptance Recommendation within 30 days from the date of the City Council meeting on which the City Engineer caused an item to be added to the City Council agenda with the Acceptance Recommendation. Acceptance by the City Council shall not constitute waiver of defects by City.

4.7. Developer warrants each Reimbursable Improvement against any defective work or labor done, or defective materials furnished in the performance of this Agreement (the "Warranty") for a period of one (1) year following the date of the City Council meeting on which the City Engineer provides the Acceptance Recommendation to the City Council for such Reimbursable Improvement (the "Warranty Period"). This section shall survive the expiration or termination of this Agreement. Should any failure of a Reimbursable Improvement, or any parts thereof, occur within the Warranty Period for such Reimbursable Improvement, the City shall have the right to seek correction or cure of the defective situation from Developer if such failure or defect is covered by the Warranty.

5. Acquisition of Right-of-Way. Except as required under Section 66462.5 of the Subdivision Map Act (Government Code Section 66462.5), to the extent that City does not already possess sufficient rights-of-way or other interests in land necessary to complete the Reimbursable Improvements, the acquisition of such right-of-way or other appropriate interests in land shall be the sole responsibility of Developer.

Exhibit A

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6. Documentation of Costs. Within ninety (90) days of completion of a Reimbursable Improvement and the City's formal acceptance of such Reimbursable Improvement, Developer shall provide the necessary documentation as defined in "Exhibit B," which is attached hereto and incorporated by reference, in order to allow City to reconcile the Engineer's current estimate of costs and the actual costs for such Reimbursable Improvement. City shall be relieved from its reimbursement obligations for costs that are not substantiated in accordance with this Section 6.

7. Reimbursement. The City shall reimburse Developer its costs for a Reimbursable Improvement after acceptance of such Reimbursable Improvement by the City and Developer's provision of all documents and information required under this Agreement; provided that the maximum amount to be reimbursed for all Reimbursable Improvements shall not exceed one million two hundred thirty-one thousand two hundred and forty-three dollars ($1,231,243.00).as set forth in Exhibit A (the "Maximum Cost"). The Parties acknowledge that the Maximum Cost is the current Engineer's estimate for the Reimbursable Improvements and that the actual cost for the Reimbursable Improvements may change based upon the construction bids. Once a construction bid has been selected, the Maximum Cost shall be adjusted by the Parties by way of written change order to this Agreement so long as the amount is substantiated by documentation required by Section 6 of this Agreement and does not exceed Fifteen Percent (15%) of the Maximum Cost. In addition, the Parties acknowledge that the costs for the Reimbursable Improvements may increase during the course of construction due to unanticipated conditions, acts of God, or other force majeure events outside the reasonable control of the Developer or its contractor. Any such cost increase shall be born solely by the Developer unless the Developer presents the increase to the City in a written change order and the City approves the change order in writing. The City may approve such a change order at its sole discretion. The City shall not compensate Developer for any change orders not approved in advance by the City.

8. Alterations to Reimbursable Improvements. This Agreement shall not be construed to limit the right of the City to enlarge, relocate, alter, or extend the Reimbursable Improvements, provided the City shall pay for any additional improvement costs in the event the City enlarges, relocates, alters, or extends the Reimbursable Improvements, nor shall it be construed as a grant to the Developer of any right to any exclusive use or specific capacity in or to the Reimbursable Improvements.

9. Binding on Successors in Interest. Each and every provision of this Agreement shall be binding and inure to the benefit of the successors in interest of the Parties.

10. Indemnity.

10.1. Developer agrees to save, defend, protect, and hold harmless City and its elected and appointed officials, officers, agents, and employees from and against any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees (at market rates), for injury or death of any person, Exhibit A

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or damage to property, or interference with use of property, arising out of or in any way connected with Developer's performance pursuant to this Agreement or performance pursuant to this Agreement by agents, officers, employees, contractors, subcontractors, or independent contractors hired by Developer. The only exemption to Developer's responsibility to save, protect, defend, and hold harmless City is due to the sole negligence or willful misconduct of City. This hold harmless provision applies to all liability regardless of whether any insurance policy applies. The policy limits of such insurance, if any applies, do not limit the amount of indemnification to be provided by Developer.

10.2. City shall not be liable for any defect, error, or omission in or relating to the plans and specifications for any Reimbursable Improvement constructed by Developer. To the extent that any defect, error, or omission relating to the design or engineering of such Reimbursable Improvement is discovered at any time, the Developer, on behalf of itself and its successors-in-interest, and their respective employees, contractors and agents, hereby releases and absolutely discharges forever, and hereby agrees to indemnify, protect, hold harmless, and defend City (with counsel reasonably acceptable to the City), its elected and appointed officials, officers, agents, and employees, and its successors and assigns, from costs and expenses (including reasonable court costs and market rate attorneys' fees) arising from or relating to such defects.

11. Insurance. Before commencing performance under this Agreement, and at all other times this Agreement is effective, Developer must procure and maintain and cause its contractor to procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

11.1. Type of Insurance Limits
Commercial general liability: $2,000,000.00
Workers compensation Statutory requirement

11.2. Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88 or equivalent. The amount of insurance set forth above will be per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by City will be excess thereto. Such endorsement must be reflected on ISO Form No.

CG 20 10 11 85 or 88 or equivalent. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. Required limits may be provided by a combination of primary and umbrella/excess policy limits.

Exhibit A

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11.3. Developer must furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage.

12. Lien Release. Prior to the release of any funds to Developer from City for completion of a Reimbursable Improvement, Developer must file a Notice of Completion and obtain final lien releases from all contractors, subcontractors, and suppliers that have filed a Preliminary Notice related to the construction of such Reimbursable Improvement.

13. Payment (Labor and Materials) Bond. Developer must require its Contractor to obtain and maintain a payment (labor and materials) bond. Concurrently with the execution of its agreement with the Contractor for construction of a Reimbursable Improvement, Developer shall require Contractor to furnish a surety bond in an amount equal to at least one hundred percent (100%) of the estimated cost of such Reimbursable Improvement as security for claims arising under this Agreement in a form substantially similar to Exhibit C, which is incorporated herein by reference, and Government Code § 66499.2. It is understood and agreed that, in the event the actual cost of a Reimbursable Improvement exceeds the estimated costs of such Reimbursable Improvement, Developer shall in no way relieve the Contractor by this bond or the agreement from the obligation of providing a bond in the amount of such excess and all obligations detailed in the Agreement. The cost of such surety bond is included in the Maximum Amount as set forth in Exhibit A.

14. Notice. Written notice, whenever required by this Agreement, shall become effective upon personal service or deposit in the United States mail, postage prepaid, addressed to the following:

CITY:

Attn: City Manager
City of Paso Robles
1000 Spring Street
Paso Robles, California 93446
DEVELOPER:

Attn: Steve Beard and General Counsel
Justin Vineyards & Winery LLC 11680
Chimney Rock Road
Paso Robles, CA 93446
Either Party may update its address and contact information by providing written notice of the new information to the other Party.

15. Contact Information for Developer. It shall be Developer's responsibility to keep City apprised of Developer's address during the term of this Agreement. In the event the City is unable to locate the Developer at the time that any reimbursements are due, the City shall hold such fees for the benefit of the Developer or its successor or assignee for a period of one year, commencing upon the date of acceptance of all Reimbursable Improvements by City. Following this one-year period, any fees Exhibit A

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not reimbursed to the Developer shall escheat to the City and, except as otherwise set forth herein, the City shall have no further obligations to Developer pursuant to this Agreement.

16. Cooperation. The Parties hereto acknowledge that it may be necessary to execute additional documents in order to complete the design and construction of the Reimbursable Improvements. The Parties hereby agree to cooperate with each other by executing such other documents or taking such other action as may be reasonably necessary to complete the design and construction of the Reimbursable Improvements in accordance with the intent of the parties that is evidenced by this Agreement.

17. Easements. Developer shall grant to City, at no cost to City, such easements and rights-of-way within the subdivision as may be reasonably required by the City for construction of a Reimbursable Improvement by Developer.

18. Captions and Counterparts. The captions of this Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which shall constitute one and the same instrument.

19. Waiver. No covenant, term, or condition of this Agreement shall be deemed to be waived by any party hereto unless such waiver is in writing and executed by the Party making the waiver. No waiver of a breach of any of the terms, covenants, or conditions of this Agreement shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other term, covenant, or condition herein contained.

20. Severability.In the event that any phrase, clause, sentence, paragraph, section, article, or other portion of this Agreement shall become illegal, null, or void or against public policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null, or void or against public policy, the remaining portions of this Agreement shall not be affected thereby and shall remain in full force and effect to the fullest extent permissible by law.

21. Inconsistencies and Ambiguities. This Agreement is to be deemed to have been prepared jointly by the Parties hereto with advice of counsel and, if any inconsistencies or ambiguities exist herein, they shall not be interpreted or construed against any particular party as the drafter.

22. Applicable Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. This Agreement shall be deemed made and entered into in San Luis Obispo County, which shall also be deemed to be the sole proper venue for any action or proceeding relating to this Agreement.

Exhibit A

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23. No Third-party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer on any person other than the parties hereto and the respective successors and assigns, any rights or remedies under by reason of this Agreement.

24. Attorneys' Fees. If any legal action, arbitration, or other proceeding is initiated for the enforcement or interpretation of this Agreement or because of any alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees, witness fees, and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.

25. Authority to Contract. Each party and its respective agents executing this Agreement warrants and represents that it has full power and authority to execute, deliver, and perform the obligations under this Agreement, and that each party's performance hereunder has been duly authorized by all requisite actions on the part of that party.

26. Entire Agreement. This Agreement embodies the entire understanding and agreement between the Parties pertaining to the matters described herein and supersedes and cancels all prior oral or written agreements between the Parties with respect to these matters. Each Party acknowledges that no party, agent, or representative of the other party has made any promise, representation, or warranty, express or implied, not expressly contained in this Agreement, that induced the other Party to sign this document.

27. Force Majeure. Except for payment obligations, neither party will be liable for failure or delay in performance of any of its obligations under or in connection with this Agreement arising out of any event or circumstance beyond that party's reasonable control, including without limitation an Act of God, fire, flood, war, act of terrorism, riot, civil commotion, adverse weather condition, pandemic, governmental order, strike, lock-out or other industrial action.

Exhibit A

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IN WITNESS WHEREOF, this Agreement is executed as of the day and year first above written by the parties as follows:

CITY OF PASO ROBLES JUSTIN VINEYARDS & WINERY LLC
By: By:

Ty Lewis, Craig B. Cooper,
City Manager EVP
ATTEST:

By:

Melissa Boyer,
City Clerk
Exhibit A

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EXHIBIT A
TRACT 3069 AMMENDED REIMBURSEMENT AGREEMENT

OVERSIZE PAVEMENT COST ESTIMATE
Exhibit A

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EXHIBIT B

REIMBURSABLE IMPROVEMENTS

DOCUMENTATION TO BE PROVIDED TO CITY BY DEVELOPER FOR DETERMINATION

OF CONSTRUCTION COSTS
To assist City in determining the costs for the completed Reimbursable Improvement, Developer shall provide the following documents to City:

1. Plans, specifications, and Developer's civil engineer's cost estimate;

2. List of bidders from whom bids were requested;

3. Construction schedules and progress reports;

4. Contracts, insurance certificates, and change orders with each contractor or vendor;

5. Invoices received from all vendors;

6. Cancelled checks for payments made to contractors and vendors (copy both front and back of cancelled checks);

7. Spreadsheet showing total costs incurred in and related to the construction of the Reimbursable Improvement and the check number for each item of costs and invoice;

8. Final lien releases from each contractor;

9. Such further documentation as may be reasonably required by City to evidence the completion of construction and the payment of each item of costs and invoice.

Exhibit A

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EXHIBIT C
Bond No. _________________

CITY OF PASO ROBLES

SAN LUIS OBISPO COUNTY, CALIFORNIA

PAYMENT BOND
(Labor and Materials)
Project No.:__________
WHEREAS, the _____________, (“Principal”) agree they are bound by the OVERSIZED IMPROVEMENT REIMBURSEMENT AGREEMENT (“Agreement” attached hereto as Exhibit “A”) with the CITY OF PASO ROBLES, a municipal corporation (“City”), whereby Principal agrees to construct, install, and complete certain designated public improvements generally identified as follows: installation of oversized water line, oversized sewer lift station facilities, and oversized pavement improvements as further detailed in Exhibit “A,” and WHEREAS, said Agreement is incorporated herein by this reference; and WHEREAS, under the terms of the Agreement, the Principal is required before entering upon the performance of the work, to file with the City a good and sufficient payment bond to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code, and in Government Code Section 66497; NOW, THEREFORE, the Principal and the undersigned as Surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of said Agreement and referred to in the above-referenced Civil Code and Government Code in the sum of one million two hundred thirty-one thousand two hundred and forty-three dollars ($1,231,243.00). for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3, (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, and under Government Code Section 66497, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement, the work to be performed thereunder, or the approved plans, or conditions required under necessary permits (including but not limited to any encroachment permits), and related specifications accompanying the Agreement shall in any Exhibit A

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82473.03064\41300672.1
manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

IN WITNESS WHEREOF, this instrument has been duly executed by the above-named Principal and Surety as of the date or dates set forth below the signatures of their authorized officers.

NOTE: All signatures must be acknowledged before a notary public. Attach appropriate acknowledgment.

CITY PRINCIPAL
APPROVED:

________________________
City Manager (Type Name of Principal)

APPROVED AS TO FORM:
(Street Address)

______________________________
ELIZABETH HULL (City) (State) (Zip)
City Attorney
By:
(Signature of Authorized Officer)

(Title of officer)

Date:

SURETY

(Type Name of Surety)

(Street Address)

(City) (State) (Zip)
By:
(Signature of Authorized Officer)

(Title of Officer)
Date:

Exhibit A

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City Council Agenda June 20, 2023
Council Agenda Report
From: Brian Cowen, City Engineer
Subject: Approval of Parcel Map PR 20-0018 for Recordation – 3051 Union Road, Garrett Thiessen CEQA Determination: The parcel map is consistent with the mitigated negative declaration for the project certified by the City Council by Resolution 21-117.

Date: June 20, 2023
Facts

1. On August 17, 2021, City Council approved Resolution 21-119, conditionally approving the Vesting Tentative Parcel Map PR 20-0018.

2. The subdivision that was approved by Resolution 21-119 is located at 3051 Union Road and divides the existing 6.54-acre lot into one 3.56-acre parcel and one 2.98-acre parcel. (Vicinity Map, Attachment 1).

3. The applicant, Garrett Thiessen, has submitted Parcel Map PR 20-0018 to be approved for recordation.

4. The parcel map includes a 2.00-foot offer of dedication for road purposes.

5. The applicant has submitted the required documents dedicating an avigation easement to the City.

6. Parcel Map PR 20-0018 is consistent with the mitigated negative declaration for the project certified by the City Council by Resolution 21-117.

Options

1. Do nothing.

2. Approve Parcel Map PR 20-0018 for recordation, accept the avigation easement for recordation, and accept a 2.00-foot offer of dedication for road purposes.

3. Refer the item back to staff for additional analysis.

Analysis and Conclusions
Parcel Map PR 20-0018 subdivides the 6.54-acre lot into one 3.56-acre parcel and one 2.98-acre parcel.

The site is zoned Commercial/ Light Industrial with a Planned Development Overlay (C3 PD). The site is located within Special Conditions Area F, and was subject to a conditional use permit to ensure compatibility with neighboring uses.

Project Summary
• Subdivision of one 6.54-acre parcel into one 3.56-acre parcel and one 2.98-acre parcel • Phased construction of two 12,462 square-foot buildings (one on each new parcel) • Offices: ~3,100sf
• Mezzanine: 2,462
• Equipment storage: 3,202sf
• Open Area: 3,633sf

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• Parking (23 spaces on Parcel 1 and 22 spaces on Parcel 2) • Screened yard (28,300sf on Parcel 1 and 18,278sf on Parcel 2) • Onsite wastewater treatment system on each parcel
• Use permit for the establishment of contracted services uses on each parcel The Acting City Surveyor has determined that Parcel Map PR 20-0018 is in substantial compliance with the Subdivision Map Act. The City Engineer has determined that all conditions imposed by the City Council, including a signed avigation easement, placement of a note on the final map stating that frontage improvements are required to be constructed for each parcel prior to building permit final on each property, and a signed sewer agreement have been satisfied.

Fiscal Impact
There are no fiscal impacts associated with accepting PR 20-0018.

CEQA
The final map is consistent with the mitigated negative declaration for the project certified by the City Council by Resolution 21-117.

Recommendation
Approve Resolution 23-XXX, approving Parcel Map PR 20-0018 for recordation, accepting the avigation easement for recordation, and accepting a 2.00-foot offer of dedication for road purposes.

Attachments

1. Vicinity Map – Parcel Map 20-0018

2. Resolution 23-XXX - Approving Parcel Map PR 20-0018, 3051 Union Road, APN: 025-371-029

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a. Parcel Map PR 20-0018
b. Parcel Map PR 20-0018. Avigation Easement

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Attachment 1
Vicinity Map
Barney
Schwartz
Park

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Attachment 2
RESOLUTION 23-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES APPROVING PARCEL MAP PR 20-0018, 3051 UNION ROAD, APN: 025-371-029 WHEREAS, Vesting Tentative Parcel Map PR 20-0018 was conditionally approved by the City Council on August 17, 2021 by Resolution 21-119; and
WHEREAS, The subdivision is located at 3051 Union Road; and WHEREAS, The subdivision divides the 6.54-acre lot into one 3.56-acre parcel and one 2.98-acre parcel; and
WHEREAS, The applicant, Garrett Thiessen, has submitted Parcel Map PR 20-0018 to be approved for recordation; and
WHEREAS, The parcel map includes a 2.00-foot offer of dedication for road purposes; and WHEREAS, The applicant has submitted the required documents dedicating an avigation easement to the City; and
WHEREAS, Parcel Map PR 20-0018 is consistent with the mitigated negative declaration for the project certified by the City Council by Resolution 21-117; and WHEREAS, the Acting City Surveyor has determined that Parcel Map PR 20-0018 is in substantial compliance with the Subdivision Map Act; and
WHEREAS, the City Engineer has determined that all conditions imposed by the Planning Commission have been satisfied.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. All of the above recitals are true and correct and incorporated herein by reference.

Section 2. The City Council hereby accepts and approves Parcel Map PR 20-0018, accepts the avigation easement, and authorizes the execution and recordation of the Parcel Map consistent with Exhibit A.

Section 3. The City Council hereby accepts the 2.00-foot Offer of Dedication for Road Purposes per the final map.

Section 4. The City Council hereby accepts the avigation easement included as Exhibit B.

APPROVED this 20th day of June, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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Steven W. Martin, Mayor
ATTEST:

Melissa Boyer, City Clerk
Exhibits
A. Parcel Map PR 20-0018
B. Avigation Easement

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Exhibit A

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Exhibit A

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Exhibit B

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City Council Agenda June 20, 2023
Council Agenda Report
From: Darren Nash, City Planner
Subject: Approval of Continued Participation between San Luis Obispo County and the City of Paso Robles for Joint Participation in the Urban County for Purposes of Receiving Federal Funding under Community Development Block Grant Program, the Home Investment Partnership Program, and the Emergency Solutions Grant Program, for Program Years 2024-2026.

CEQA Determination: Participation in the Urban County and cooperation agreement is not a project for purposes of compliance with the provisions of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines Date: June 20, 2023
Facts

1. The City has participated in the Urban County Designation process for over 25 years. The Designation allows the City to directly access Federal Community Development Block Grant (CDBG), Home Investment Partnership Program (HOME), and Emergency Solutions Grant Program (ESG) Funding for projects and programs that benefit low income areas and households.

2. The City’s current agreement with the County of San Luis Obispo for this designation expires on June 30, 2024.

3. On May 2, 2023, the County requested the City continue its participation in the Urban County Designation for the period of 2024 to 2026. Although the City’s current agreement does not end until next year, The U.S. Department of Housing and Urban Development (HUD) requires the requalification process occur the year before the designation status ends.

4. The Urban County Designation partnership includes the Cities of Arroyo Grande, Atascadero, Pismo Beach, Morro Bay, San Luis Obispo, the County of San Luis Obispo, and Paso Robles.

5. HUD requires that the City of Paso Robles and the County of San Luis Obispo enter into a Cooperation Agreement to define their rights and obligations as a prerequisite of participation in the CDBG program.

6. Pursuant to the Cooperation Agreement”, the City waives its individual entitlement to CDBG Funds so that the County of San Luis Obispo can participate in the CDBG program as an Urban County. Under the Cooperation Agreement, the City can:
a. Retain the same allotment of CDBG funds it would receive if such waiver had not been granted and retain autonomy over the City’s use of its allotment; b. Gain “non-competitive” access to related federal funds under the HOME and ESG programs, to which the City does not have individual entitlements; c. Obtain a significant amount of staff support from the County for administration of these programs.

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Options

1. It is recommended that the City Council approved the following:
a. Approve the Cooperation Agreement between the County of San Luis Obispo and the City for joint participation in the Community Development Block Grant Program, the Home Investment Partnerships Program, and the Emergency Solutions Grant Program for Fiscal Years 2024-25 through 2026-27. Make findings that the execution of the Agreement is not a project for purposes of compliance with the provisions of CEQA. b. Authorize the City Manager or their designee to act on behalf of the City in connection with the implementation of the Agreement, ongoing operation of the Program for the 2024-2026 term, and other activities necessary to carry out the intent of the Cooperation Agreement.

2. Amend, modify or reject Option A.

3. Refer back to staff for additional analysis.

Analysis and Conclusions
The Urban County Designation is a process whereby certain incorporated cities and a county band together to ensure HUD federal entitlement funding is allocated directly to the region annually. This process allows the region to meet population thresholds to receive direct entitlements under HUD regulations. Absent this arrangement, the City of Paso Robles would not otherwise be eligible for direct access to these funds and would have to engage in a competitive statewide process to access HUD funding. This arrangement also creates administrative efficiencies by designating the County as the lead agency for planning and administering these funds.

Continued participation in the Urban County for the proposed 2024-2026 term is consistent with the General Plan and with City and County policies encouraging cooperation between agencies on issues of regional significance such as affordable housing and public improvements.

Fiscal Impact
The City receives a little more than $200,000 per year from the CDBG program. 20 percent administrative allocation can be claimed to help offset staff time associated with implementing the CDBG program.

Typically, of the 20 percent, the County gets 13 percent, and the city receives 7 percent. Utilizing CDBG funds makes it possible for the City to fund public accessibility improvements and public service funding support that might not otherwise be possible if reliance on General Funds were required.

CEQA
The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.

Recommendation
Approve Resolution 23-XXX, for the following actions:
a. Approving an Agreement between the County of San Luis Obispo and the City for joint participation in the Community Development Block Grant Program, the Home Investment Partnership Program, and the Emergency Solutions Grant Program for the 2024-2026 term. b. Authorize the City Manager or his/her designee to act on behalf of the City in connection with the implementation of the agreement, ongoing operation of the CDBG program for the 2024-2026 term, and other activities necessary to carry out the intent of the Cooperation Agreement.

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Attachments

1. Resolution 23-XXX - Approving an agreement between the County of San Luis Obispo and the City for participation in the Community Development Block Grant Program, the Home Investment Partnership Program, and the Emergency Solutions Grant Program. a. Exhibit A - City of Paso Robles 2024-2026 Cooperation Agreement

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Attachment 1
RESOLUTION 23-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES

APPROVING AN AGREEMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF PASO ROBLES

FOR JOINT PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG), THE

HOME INVESTMENT PARTNERSHIP PROGRAM (HOME), AND THE EMERGENCY SOLUTIONS GRANT (ESG) PROGRAM FOR PROGRAM YEARS 2024-2026
WHEREAS, the County of San Luis Obispo (“County”), a political subdivision of the State of California, and the City of El Paso de Robles (“City”), a municipal corporation, desire to participate in the Community Development Block Grant (CDBG), Home Investment Partnership (HOME), and Emergency Solutions Grant (ESG) programs; and
WHEREAS, said programs will promote the public health, safety and welfare by providing grant funds to be used by the City and County to improve housing opportunities for low- and moderate-income households, to encourage economic reinvestment, to improve community facilities and public services, and to provide other housing-related facilities or services; and
WHEREAS, to qualify for CDBG funds as an Urban County under the HUD guidelines, the County must have a population of at least 200,000 people; and
WHEREAS, the County has invited City to participate jointly with the County in said program; and WHEREAS, the City desires to participate jointly with the County in said program and responded via e-mail correspondence dated May 25, 2023 indicating the City’s intent to continue participating in the program with the County; and
WHEREAS, HUD requires that the parties enter into a Cooperation Agreement to define their rights and obligations as a prerequisite of participation in the CDBG program; and WHEREAS, continued participation in the CDBG Program for the proposed 2024-2026 term is consistent with the General Plan and with City and County policies encouraging cooperation between agencies on issues of regional significance such as affordable housing and public improvements; and WHEREAS, participation will promote the public health, safety and welfare by enabling the City and County to participate in U.S. Department of Housing and Urban Development CDBG program under an “urban county” entitlement; thus making available funds for a variety of housing, economic development, and public service programs not otherwise available; and WHEREAS, the City and County enter into yearly subrecipient agreements which establish administrative policies and procedures, performance standards, and guidelines for funding specific CDBG programs and projects; and
WHEREAS, participation in the Urban County and cooperation agreement is not a “project” for purposes of compliance with the provisions of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines.

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Attachment 1
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of El Paso De Robles as follows:

1. The City Council hereby approves and authorizes the City Manager enter into a Cooperation Agreement with the County to enable joint participation in HUD’s CDBG Program for the 2024- 2026 term in the form attached hereto as Attachement 1.

2. The City Manager or his/her designee is hereby authorized to act on behalf of the City in connection with the implementation of the agreement, ongoing operation of the CDBG program for the 2024-2026 term, and other activities necessary to carry out the intent of the Cooperation Agreement.

Approved by the City Council of the City of El Paso de Robles this 20th day of June 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Steven W. Martin, Mayor
ATTEST:

Melissa Boyer, City Clerk
Exhibit A: Cooperation Agreement

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Exhibit A

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A COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN LUIS

OBISPO AND THE CITY OF PASO ROBLES FOR JOINT PARTICIPATION IN

THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, THE HOME

INVESTMENT PARTNERSHIPS PROGRAM, AND THE EMERGENCY
SOLUTIONS GRANT PROGRAM FOR FISCAL YEARS 2024 THROUGH 2026 THIS COOPERATION AGREEMENT is made and entered into on the date and year last written below, by and between the County of San Luis Obispo, a political subdivision of the State of California, hereinafter called “County,” and the City of Paso Robles, a municipal corporation of the State of California, located in the County of San Luis Obispo, hereinafter called “City;” jointly referred to as “Parties”.

WITNESSETH
WHEREAS, in 1974, the U.S. Congress enacted, and the President signed a law entitled, The Housing and Community Development Act of 1974, herein called the “Act.” The Act is omnibus legislation relating to federal involvement in a wide range of housing and community development activities and contains eight separate titles; and
WHEREAS, Title I of the Act is entitled “Community Development” and governs programs for housing and community development within metropolitan cities and urban counties or communities by providing financial assistance annually for area-wide plans and for housing, public services, and public works programs; and
WHEREAS, the Community Development Block Grant Program
(hereinafter referred to as “CDBG”), the HOME Investment Partnerships Act Program (hereinafter referred to as “HOME”), and the Emergency Solutions Grant Program (hereinafter referred to as “ESG”) are consolidated under Title I of the Act; and
WHEREAS, the County has requested of the federal Department of Housing and Urban Development, hereinafter referred to as “HUD,” designate the County as an “urban county;” and
WHEREAS, the County needs to requalify as an urban county and will be eligible to receive CDBG funds provided that the County’s entitled cities defer their entitlement to the County to enable both the County and the entitlement cities to jointly participate in the program; and
WHEREAS, the City desires to participate jointly with the County in said program; and

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Exhibit A

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WHEREAS, if HUD redesignates the County as an urban county, then the County may also be eligible to receive funds from the HOME Program and the ESG Program; and
WHEREAS, the CDBG Regulations issued pursuant to the Act provide qualified urban counties must submit an application to HUD for funds, and cities and smaller communities within the metropolitan area not qualifying as metropolitan cities may join the County in said application and thereby become a part of a more comprehensive County effort; and
WHEREAS, as the urban county applicant, the County must take responsibility and assume all obligations of an applicant under federal statues, including: the analysis of needs, the setting of objectives, the development of community development and housing assistance plans, the consolidated plan, and the assurances of certifications; and
WHEREAS, by executing this Agreement, the Parties hereby give notice of their intention to participate in the urban county CDBG, HOME, and ESG Programs.

NOW THEREFORE, in consideration of the mutual promises, recitals and other provisions hereof, the Parties agree as follows:

SECTION I. General.

A. Responsible Officers. The Director of the County of San Luis Obispo Department of Social Services (hereinafter referred to as “Director”) is hereby authorized to act as applicant for the CDBG, HOME, and ESG Programs and to administer funding and activities under the programs. The City Manager is hereby authorized to act as the responsible officer of the City under the programs.

B. Full Cooperation. Parties agree to fully cooperate and to assist each other in undertaking eligible grant programs or projects, including but not limited to community renewal and lower-income housing assistance activities, specifically urban renewal, and publicly assisted housing; public services; and economic development.

C. Term of Agreement – Automatic Renewal Provision. The term of this Agreement shall be for a period of three (3) years commencing July 1, 2024, through June 30, 2027. In addition, this Agreement provides for automatic renewal for participation in successive three-year qualification periods, unless the City provides written notice at least 60 days prior to the end of the term that it elects not to participate in a new qualification period. The County will notify the City in writing prior to renewing the Cooperation Agreement for the Urban County for an additional three (3) year term of its right not to participate in the Urban County for a successive three-year term.

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The Parties agree to adopt amendments to this Agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in an Urban County Qualification Notice by HUD for a subsequent three-year Urban County qualification period, prior to the subsequent threeyear extension of the term. Any amendment to this Agreement shall be submitted to HUD as required by the regulations and any failure to adopt required amendments will void the automatic renewal of this Agreement for the relevant qualification period.

This Agreement remains in effect until the CDBG, HOME, and ESG Program funds and program income received with respect to the three-year qualification period, and the subsequent three-year renewals are expended, and the funded activities are completed. The Parties may not terminate or withdraw from this Agreement while this Agreement remains in effect.

D. Scope of Agreement. This Agreement covers the following formula funding programs administered by HUD where the County is awarded and accepts funding directly from HUD: the CDBG Program, the HOME Program, and the ESG Program.

SECTION II. Preparation and Submittal of CDBG Funding Applications.

A. Inclusion of City as Applicant. The Parties agree the City shall be included in the application the County shall submit to HUD for Title I Housing and Community Development Block funds under the Act.

B. Consolidated Plan. The City shall assist the County by preparing a community development plan, for the period of this Agreement, which identifies community development and housing needs, projects, and programs for the City; and specifies both short and long-term City objectives, consistent with requirements of the Act. County agrees to:
(1) include the City plan in the program application, and (2) include City’s desired housing and community development objectives, policies, programs, projects and plans as submitted by the City in the County’s consolidated plan.

C. Application Submittal. The County agrees to commit sufficient resources to completing and submitting the Consolidated Plan and supporting documents to HUD in time for the Parties to be eligible to receive funding beginning July 1, 2024, and to hold public hearings as required to meet HUD requirements.

D. County Responsibility. Parties agree the County shall, as applicant, be responsible for holding public hearings and preparing and submitting

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the CDBG funding application and supporting materials in a timely and thorough manner, as required by the Act and the federal regulations established by HUD to secure entitlement grant funding beginning July 1, 2024.

E. Grant Eligibility. In executing this Agreement, the Parties understand they shall not be eligible to apply for grants under the Small Cities or State CDBG Programs for appropriations for fiscal years during the period in which the Parties are participating in the Urban County CDBG entitlement program; and further, the City shall not be eligible to participate in the HOME, or ESG Programs except through the Urban County.

SECTION III. Program Administration.

A. Program Authorization. The Director is hereby authorized to carry out activities that will be funded from the annual CDBG, HOME, and ESG Programs from fiscal years 2024, 2025, and 2026 appropriations and from any program income generated from the expenditure of such funds.

B. Responsibilities of Parties. The Parties agree the County shall be the governmental entity required to execute any grant agreement received pursuant to the CDBG, HOME, and ESG applications, and subject to the limitations set out in this Agreement, the County shall thereby become liable and responsible thereunder for the proper performance of the plan and CDBG, HOME, and ESG under County programs. County agrees to perform program administrative tasks such as environmental clearance under the National Environmental Policy Act (NEPA), subrecipient agreements and monitoring of subrecipients. The City agrees to act in good faith and with due diligence in performance of the City obligations and responsibilities under this Agreement and under all subrecipient agreements. The City further agrees that it shall fully cooperate with the County in all things required and appropriate to comply with the provisions of any Grant Agreement received by the County pursuant to the Act and its Regulations.

C. City Assistance. The City agrees to undertake, conduct, perform or assist the County in performing the essential community development and housing assistance activities identified in the City’s community development plan. Pursuant to the Act and pursuant to 24 CFR 570.501(b), the City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement with the County as set forth in 24 CFR 570.503.

SECTION IV. Use of Program Funds.

A. Allocation of CDBG funds. All funds received by the County pursuant to this Agreement shall be identified and allocated, as described below,

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to the specific projects or activities set out in the application, and such allocated amounts shall be expended exclusively for such projects or activities; provided, however, that a different distribution may be made when required by HUD to comply with Title I of the Housing and Community Development Act of 1974, as amended.
1) Metropolitan Cities’ Allocation. The Parties agree the County shall make available to the City a total amount of CDBG funds equal to that which the City would have been entitled had it applied separately as a “metropolitan city,” using HUD allocation formulas as applied by the County, except that an amount equal to thirteen (13) percent of the Metropolitan Cities’ allocations of CDBG funds will be deducted by the County to meet its obligations under the terms of this Agreement and/or HUD requirements for administrative costs.

Further, with respect to the availability of the funds, the County agrees to fully cooperate and assist the City in expending such funds. 2) Non-Metropolitan Cities’ Allocation. The County agrees to allocate a portion of CDBG program funds to the non-Metropolitan, incorporated cities participating in the program. The amount of allocation per city shall be equal to that which the Urban County formula award from HUD increases as a result of the HUD allocation formulas as applied by the County, except that an amount equal to thirteen (13) percent of the Non-Metropolitan Cities’ allocations of CDBG funds will be deducted by the County to meet its obligations under the terms of this Agreement and/or HUD requirements for administrative costs.
3) Urban County. Parties shall not recommend a CDBG award of less than $8,000 for any one project or program due to the staff cost of processing such awards in compliance with federal requirements. A project or program recommended to receive an amount less than $8,000 can still receive an award if any other Party or Parties make an award, which is aggregated to be greater than $8,000. 4) Administrative Costs. The County hereby acknowledges the City, as a subrecipient defined in 24 CFR 570.500(c) and its eligibility to incur administrative costs per 24 CFR 570.206, or as otherwise negotiated and approved in the Action Plan for related Planning and Capacity Building costs per 24 CFR Part 570.205. The City shall submit invoices and supporting documentation to the County for reimbursement of eligible administrative costs in accordance with the following schedule:
2024 Program Year: Monday, June 23, 2025
2025 Program Year: Monday, June 22, 2026

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2026 Program Year: Monday, June 21, 2027
Administrative funds that are not drawn down following the review and approval by county staff by the deadlines above will be used to reimburse the County’s administrative costs.

B. Availability of Funds. The County agrees to make CDBG funds available to all participating incorporated cities as set out here when HUD makes the CDBG funds available to it. The County shall immediately notify the participating incorporated cities of the availability of the funds.

It is understood by the Parties, hereto, the CDBG funds being used for the purposes of this Agreement are funds furnished to the County, through HUD, pursuant to the provisions of the Act. Notwithstanding any other provision of this Agreement, the liability of the County shall be limited to CDBG funds available for the Project. The City understands that the County must wait for release of CDBG funds from HUD before CDBG funds may be advanced or reimbursed. The County shall incur no liability to the City, its officers, agents, employees, suppliers, or contractors for any delay in making any such payments.

C. Public Services Costs. The County agrees that after the availability of CDBG program funds to the City, the County shall not use its remaining balance of funds in any way that would limit the City’s ability to use its CDBG funds to the maximum extent allowed by HUD for public service purposes.

D. Income Generated. The City shall notify the County of any income generated by the expenditure of CDBG funds received by the City. Such program income may be retained by the City subject to the provisions of this Agreement, the Act, and its Regulations. Any program income retained must only be used for eligible activities in accordance with all CDBG requirements as they apply.

E. Use of Program Income. The County shall monitor the use of any program income, requiring appropriate record-keeping and reporting by the City as may be needed for this purpose, and shall report the use of such program income to HUD. In the event of close-out or change of status of the City, all program income on hand or received by the City subsequent to the close-out or change of status shall be paid to the County. In the event that the City withdraws from the Urban County to become an entitlement grantee, as provided under 24 CFR 570.504, all program income on hand or received by the City from Urban County activities shall be retained by the City to be used as additional CDBG

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funds subject to all applicable requirements governing the use of CDBG funds.

F. Change in Use of Property. The City shall notify the County of any modification or change in the use of real property acquired or improved in whole or in part using CDBG funds that is within the control of the City, from that use planned at the time of acquisition or improvement including disposition. Such notification shall be made within thirty (30) calendar days of such change of use and comply with the provisions of 24 CFR 570.505.

G. Fair Housing Implementation. The Parties agree no Urban County funding shall be allocated or expended for activities in or in support of any cooperating unit of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County’s actions to comply with its fair housing certification.

H. Conflict Resolution. In the event of disagreement between the County and the City as to the allocations, disbursement, use, or reimbursement of CDBG funds, the Parties agree to accept HUD’s written determination as to the appropriate resolution or disposition of funds to the extent HUD is willing to resolve such disagreement.

I. Consolidated and Further Continuing Appropriations Act. The City may not sell, trade, or otherwise transfer any portion of CDBG funds to another metropolitan city, Urban County, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits, or nonFederal considerations, but must use such funds for activities eligible under Title I of the Act.

J. Special Provisions for the Urban County.
(1) To affirmatively further fair housing and implement the Analysis of Impediments to Fair Housing Choice or better known as the Fair Housing Plan, the cities are encouraged to contribute CDBG funds to affordable housing projects when there is an eligible CDBG component in the proposal that is located within the City’s or County’s jurisdiction. (2) The County will enforce remedies for noncompliance pursuant to 2 CFR Part 200.338 and allowed per 2 CFR Part 200.207 by pulling CDBG funds for under preforming projects or programs not implemented during agreed timeframe identified in the subrecipient agreement.

SECTION V. Amendment or Extension of Agreement.

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Exhibit A

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A. Subrecipient Agreement. For each fiscal year during the term of this Agreement, the County and the City shall enter into a Subrecipient Agreement, prepared jointly by the County and the City, which identifies a project or program that the County will administer with the City’s CDBG entitlement funds during that program year. The Subrecipient Agreement will set forth the minimum requirements found at 24 CFR 570 and as otherwise required by applicable federal laws. In addition, the agreements will provide project changes, time schedule for completion of the project(s), deliverable checklist, and additional funding sources, if any. If substantial compliance with the completion schedule cannot be met by the City due to unforeseen or uncontrollable circumstances, then the County may extend the schedule for project completion, as allowed by federal regulations.

B. Amendments. Any amendments to this Agreement shall be in writing.

Parties agree any such fully executed amendment or amendments to this Agreement may be entered into at any time if required or necessary to implement the plans contemplated hereunder, or to comply with any grant agreement or the regulations issued pursuant to the Act.

SECTION VI. Compliance with Federal Regulations.

A. General. The Parties agree to take all actions necessary to assure compliance with the urban county’s certifications required by section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, regarding Title VI of the Civil Rights Act of 1964, 24 CFR part 1, the Fair Housing Act, affirmatively furthering fair housing, Section 109 of Title I of the Housing and Community Development Act of 1974; the National Environmental Policy Act of 1969; the Uniform Relocation Assistance and Real Property Acquisition Act of 1970; regulations at 24 CFR part 100, and will affirmatively further fair housing and other applicable laws. Furthermore, the Parties agree to implement regulations at 24 CFR part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR part 8, Title II of the Americans with Disabilities Act, and the implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975, and the implementing regulation at 24 CFR part 146, and Section 3 of the Housing and Urban Development Act of 1968.

B. Community Participation. The Parties agree to comply with federal community participation requirements of 24 CFR Part 91 and provide community members with the following.
1) An estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and moderate income; and

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Exhibit A

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2) A plan for minimizing displacement of persons as a result of CDBGassisted activities and programs, and to provide assistance to such persons.

C. Community Participation Plan. The Parties agree to follow a community participation plan which:
1) Provides for and encourages community members participation, particularly those of low or moderate income who reside in slum or blighted areas where CDBG funds are proposed to be used; 2) Provides community members with reasonable and timely access to local meetings, staff reports, and other information relating to grantee’s proposed use of funds, as required by HUD regulations related to the actual use of funds under the Act;
3) Provides for public hearings to obtain community members’ views and to respond to proposals and questions at all stages of the community development program, including at least: 1) formulation of needs; 2) review of proposed grant activities; and 3) review of program performance; for which public hearings shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation of handicapped persons;
4) Provides a timely written answer to written complaints and grievances, within 15 working days, where practicable.
5) Identifies how the needs of non-English speaking residents will be met in the case of public hearings where a significant number of nonEnglish speaking residents can be reasonably expected to participate.
6) Identifies the use of non-traditional methods of community outreach, including the provision of CDBG documents in a user-friendly format, including but not limited to Braille, large print, oral format, and delivering copies to homebound individuals.

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Exhibit A

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D. The Parties hereby certify, to the best of their knowledge and belief, that:
1) Conflict of Interest. No federal grant monies have been paid or will be paid, by or on behalf of the Parties, to any officer or employee or any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan, or cooperative agreement.
2) Influence. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard form LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3) Certifications Disclosure. Parties agree to include this certification in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements), and that all grant subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was executed.

E. Certification Regarding Policies Prohibiting Use of Excessive Force and Regarding Enforcement of State and Local Laws Barring Entrances.

In accordance with Section 519 Public Law 101-144 (the 1990 HUD Appropriations Act), the City certifies that it has adopted and is enforcing.
1) A policy prohibiting the use of excessive force by law enforcement agencies within their respective jurisdictions against any individuals engaged in non-violent civil rights demonstrations; and 2) A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within their jurisdictions.

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Exhibit A

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SECTION VII. Execution of Agreement and Recordkeeping.

A. HUD Certification. The Director is hereby authorized to execute and submit to the County the HUD Certification Form with respect to the community development activities carried out within the boundaries of the City. It is further understood that the County will rely upon the certification executed by the Director for purposes of executing a certification form for submission to HUD.

B. Maintenance of Records. The City shall maintain records of activities for any projects undertaken pursuant to the program and said records shall be open and available for inspection by auditors assigned by HUD and/or the County upon reasonable notice during the normal business hours of the City.

NOW, THEREFORE, it is agreed between the parties hereto that:

1. Agreement Signatures. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, when taken together, shall constitute one and the same agreement. This Agreement may be executed and delivered by facsimile or scanned signature by any of the Parties and the receiving Party may rely on the receipt of such document so executed and delivered by facsimile or email as if the original had been received.

2. The Parties hereto have caused this Agreement to be executed and attested by their proper officer thereunder duly authorized.

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Exhibit A

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IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and the year set forth below.

COUNTY OF SAN LUIS OBISPO, A Political Subdivision of the State of California ________________________________
Chairperson of the Board of Supervisors
ATTEST:

JOHN NILON
Ex-Officio Clerk of the Board of Supervisors
By:

Deputy Clerk
Dated:
[SEAL]
APPROVED AS TO FORM AND LEGAL EFFECT:

RITA L. NEAL
County Counsel
By:

Deputy County Counsel
Dated:

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Exhibit A

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CITY OF PASO ROBLES
BY:

John Hamon

MAYOR PRO TEM
Date:

ATTEST:

BY:

Melissa Boyer

CITY CLERK
Date:

APPROVED AS TO CONTENT:

BY:

Ty Lewis

CITY MANAGER
Date:

APPROVED AS TO FORM:

BY:

Elizabeth Hull

CITY ATTORNEY
Date:

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City Council Agenda June 20, 2023
Council Agenda Report
From: Paul Patti, Battalion Chief/Fire Marshal
Subject: Approval of Resolution Confirming the Existence of Weeds or Noxious Growth Creating a Potential Fire Hazard and Ordering their Abatement
CEQA Determination: The City finds that this action is not a project under the California Environmental Quality Act p
Date: June 20, 2023
Facts

1. On June 6, 2023, the City Council approved Resolution 23-067,declaring weeds or noxious growth on specific properties within the City to be a nuisance.

2. “Notice to Abate” letters were sent notifying each property owner of the condition and need toabate.

3. The property owners were notified of the public hearing scheduled for June 20, 2023, and invited to show cause why such condition should not be condemned as a nuisance, and why such nuisance should not be abated by the City.

4. Approximately 1070 properties were originally noticed.

5. As of June 1, 2023, 277 properties remain in violation. An update on any further progress will be provided to the Council at the meeting on June 20th.

Options

1. Take no action.

2. Declare a public nuisance relating to weed abatement and order the Fire Chief to abate the weeds and noxious growth on those properties that are non-compliant as of June 20, 2023.

3. Amend or modify the Resolution assubmitted.

4. Provide alternative direction to staff.

Analysis and Conclusions
Through its delegated authority, Fire and Emergency Services works to eliminate community fire hazards created by dry vegetation (weeds). This work includes a public information campaign, letters to property owners found in violation, and administrative cautions.

Fire and Emergency Services has made reasonable attempts to achieve safety regulation compliance for those properties found in Exhibit A. These 277 properties nonetheless remain in violation. Elimination of the hazard necessitates that City Council declare these properties as nuisances, conduct a public hearing, and name the Fire Marshal as the enforcement superintendent prior to directing the work to be done.

Fiscal Impact
None for this action. Cost associated with the City ordered work will be recouped via direct invoice or through a special assessment lien on the negligent properties, if necessary. The charges for each of the unabated properties covers the full cost of the abatement, including administrative costs. The

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City Council Agenda June 20, 2023
administrative costs incurred by the City for properties that did abate after receiving notice, are not recouped.

CEQA
The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.

Recommendation
Approve Resolution 23-XXX, confirming the existence of public nuisances described in Exhibit A and ordering the abatement of weeds or noxious growth to abate the nuisance.

Attachments

1. Resolution 23-XXX
a. Exhibit A – Assessor’s Parcel Number, address, and owner

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Attachment 2
RESOLUTION 23-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES

CONFIRMING EXISTENCE OF A PUBLIC NUISANCE, THEREFORE CREATING A POTENTIAL FIRE

HAZARD ON VARIOUS PROPERTIES THROUHGOUT THE CITY AND ORDERING THE FIRE CHIEF TO

ABATE THE NUISANCE
WHEREAS, the City Council of El Paso de Robles (“City”) on June 6, 2023 adopted Resolution No. 23-067 “A resolution of the City Council of El Paso de Robles Making Declaration Of Public Nuisances Relating To Weed Abatement Within The City And Setting Public Hearing For 2023 Weed Abatement” which set a hearing forJune20,2023to consider allobjectionsto the abatement ofthenuisance (herein“Declaration of Nuisance”); and
WHEREAS, the Declaration of Nuisance, among other things:
 Declared that weeds or noxious growth growing on certain properties within the City to be a nuisance.
 Directed the Fire Chief to give written Notice (herein “Notice to Abate”) to the property owners of each property, wherein the weeds and noxious growth were declared to be a nuisance, of a public hearing scheduled for June 20, 2023 at 6:30 p.m. for consideration of objections to the City’s Declaration of Nuisance; and
WHEREAS, the Fire Chief, provided the Notice to Abate in accordance with Paso Robles Municipal Code Chapter 16.10 and Council Resolution No. 23-067 and conducted an inspection of the affected properties to determine whether or not said property owners had abated the weeds and noxious growth pursuant to the Notice to Abate; and
WHEREAS, the Fire Chief has determined that the weeds and noxious growth on those properties identified in Exhibit A have not been abated and create a fire hazard; and WHEREAS, the City Council held a public hearing on June 20, 2023 and considered all objections to the proposed abatement of weeds and noxious growth.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The City Council hereby confirms the immediate existence of a public nuisance on those parcels listed in the attached Exhibit A (incorporated herein by reference) and pursuant to Paso Robles Municipal Code, Chapter 16.10, and Government Code Section 39571 orders the Fire Chief to abate the nuisance by having the weeds and noxious growth removed. a. Before the Fire Chief arrives, any property owner may remove the weeds and noxious growth at his/her own expense. In that case, the assessment and lien shall be limited to the costs incurred by the City in enforcing abatement upon the parcels, including investigation, boundary determination, measurement, clerical and other related costs. b. The Fire Chief may abate the nuisance(s) by City forces or hiring of contractors. c. The Fire Chief shall submit to the City for confirmation an itemized written report (“Report”) showing such costs.
d. A copy of the Report shall be posted for at least three days prior to its submission to the City

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Attachment 2
within the 24-hour City noticing board nearthe chamber doors of the City Council, with a notice of the time submission.
e. Return to City Council for the levy of abatement costs and the placement of said costs as a property lien.

APPROVED by the City Council of the City of El Paso de Robles by the following vote on June 20, 2023.

AYES:

NOES:

ABSENT:

ABSTAIN:

Steven W. Martin, Mayor
ATTEST:

Melissa Boyer, City Clerk

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City Council Agenda June 20, 2023
Attachment 2

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City Council Agenda June 20, 2023
2023 WEED ABATEMENT

FINAL LIST TO COUNCIL
NO. APN ADDRESS OWNER
1 008-012-025 504 38TH ST SLO INVESTMENTS LLC A CA LLC
2 008-012-027 520 38TH ST SLO INVESTMENTS LLC A CA LLC
3 008-012-028 534 38TH ST SLO INVESTMENTS LLC A CA LLC
4 008-031-016 3441 SPRING ST GUSTAFSON-SAWYER MARY A
5 008-041-042 3445 PARK ST 3445 PARK STREET LLC A CA LLC 6 008-042-020 3318 SPRING ST PASO ROBLES SPRING ST LLC
7 008-071-018 3019 PARK ST CARLSON KENNETH G
8 008-071-019 3004 SPRING ST CARLSON KENNETH G
9 008-092-028 2323 VINE ST REES SHAWN
10 008-121-001 2548 SPRING ST 2548 SPRING LLC A CA LLC
11 008-121-013 2432 SPRING ST DALLONS FAMILY TRUST (TR 1)(SEP PPT OF JON) 12 008-181-006 2114 PINE ST JORDAN KENNETH C
13 008-304-012 230 16TH ST FREEMAN NICHOLAS R
14 008-324-008 1427 PINE ST TIL CHAD V
15 008-382-003 3589 VINE ST RAMINHA DAVID L TRUST
16 008-431-034 184 MOUNTAIN SPRINGS RD PASO MCJ LLC A CA LLC 17 009-196-001 646 OAK ST DAVIS KEITH B & JUDY K 2016 REVOCABLE TRUST 18 009-211-017 741 PASO ROBLES ST OBRIEN HOLDINGS LLC A CA LLC 19 009-251-025 521 OLIVE DR ROSS MARSHA L
20 009-341-012 529 FERRO LN DRITSAS ELEFTHERIOS & DIMITRA REVOC LIVING TRUST 21 009-451-040 845 CRESTON RD CLARK RICHARD
22 009-514-011 241 CHEYENNE DR DEIDUN BIRGIT REVOCABLE LIVING TRUST 23 009-516-032 594 RED CLOUD RD KILIC KEMAL S
24 009-541-001 420 CRESTON RD
25 009-541-003 424 CRESTON RD
26 009-541-008 426 CRESTON RD
27 009-541-009 410 CRESTON RD AHSTON PAUL G TRUST
28 009-563-048 1206 FRANCES ST POPE HELEN M
29 009-610-014 417 APACHE CT ZOOK MICHAEL T
30 009-614-008 814 CRAZY HORSE DR BUROW CATHERINE E
31 009-711-070 301 VERONICA DR CROSS JUDITH
32 009-758-018 2463 BEECHWOOD DR MILBURN CAROL E
33 009-759-033 2488 FALCON DR PLYMALE FAMILY TRUST
Attachment 1 / Exhibit A 1

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City Council Agenda June 20, 2023
2023 WEED ABATEMENT

FINAL LIST TO COUNCIL
NO. APN ADDRESS OWNER
34 009-779-041 813 ANGUS ST SCHILDWACHTER KATHY
35 009-781-042 1524 SIERRA LN BRAY TAYLOR J
36 009-786-013 919 SYCAMORE CANYON RD GARCIA ERNEST
37 009-795-026 3045 LINNE RD OLSEN RANCH 212 LLC A CA LLC 38 009-795-028 255 HANSON RD GOULART LOIS D REVOCABLE LIVING TRUST 39 009-795-029 3045 LINNE RD OLSEN INVESTMENTS LLC
40 009-831-025 1850 RAMADA DR ALBAN JOHN S & SARAH L FAMILY TRUST 41 009-831-027 1850 RAMADA DR ALBAN JOHN S & SARAH L FAMILY TRUST 43 009-831-031 390 GAHAN PL ZEN PASO ROBLES LLC A CA LLC 44 009-863-001 3100 MEADOWLARK RD HUEBNER JACOB J & JOANN R FAMILY TRUST 45 009-863-002 2800 MEADOWLARK RD
46 009-863-023 2300 MEADOWLARK RD HARROD PASO LP A CA LP 47 009-863-027 2530 BEECHWOOD DR HARROD PASO LP A CA LP 48 009-863-051 2500 MEADOWLARK RD CAGLIERO JON & SAMANTHA FAMILY TRUST (TR 7) 49 025-011-028 1690 LYLE LN COLLINS JULIA
50 025-011-029 1675 LYLE LN DREA MELISSA L
51 025-071-016 746 RENATE WY BASTAS ELEANOR F
52 025-111-003 938 OSOS WY MORGAN AURA
53 025-141-012 910 VISTA GRANDE GARCIA ERNEST & LINDA M 54 025-151-006 1007 VISTA GRANDE ROBINSON DANIEL J REVOCABLE TRUST 2014 (TR 1) 55 025-151-011 924 OSOS WY GARCIA ERNEST
56 025-151-014 936 OSOS WY KINNER KIMBERLY L (AKA 1)
57 025-311-008 1016 BURRO VERDE VAN DIANE
58 025-369-024 823 HACIENDA CIR LITTLE FAMILY TRUST
59 025-372-004 1927 CATAHOULA CT ALVAREZ HECTOR
60 025-381-008 1448 FONTANA RD WILCOX RANCH LP A CA LP
61 025-402-022 1644 KLECK RD
62 025-402-070 1650 KLECK RD KLECK RD ESTATES LLC A CA LLC 63 025-402-075 1644 KLECK RD HARROD HOMES ONE LP A CA LTD PTP 64 025-403-059 2230 PROSPECT AV LOPEZ PEDRO S (AKA 1)
65 025-406-018 1909 TERRABELLA CT BEACH CHARLES
66 025-411-002 915 WALNUT DR HOLLEN JILL
67 025-422-035 2457 GOLDEN HILL RD PASO GOLDEN HILL LLC A DE LLC Attachment 1 / Exhibit A 2

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City Council Agenda June 20, 2023
2023 WEED ABATEMENT

FINAL LIST TO COUNCIL
NO. APN ADDRESS OWNER
68 025-434-004 6305 BUENA VISTA DR PASOBV 2021 LLC A CA LLC 69 025-434-011 5050 AIRPORT RD RICH PROPERTIES MANAGEMENT LLC A CA LLC 70 025-436-043 3200 DRY CREEK RD NUNNO LLC A LLC
71 025-437-026 3553 COMBINE ST ESTRADA JASON
72 025-438-034 2712 DRY CREEK RD DRY CREEK PARTNERS LLC A CA LLC 73 025-523-043 195 VIA MAGNOLIA MCMAHON JEFF M (AKA 1)
74 025-523-068 191 VIA MAGNOLIA VINCE VANDERLIP INC A CA CORP Attachment 1 / Exhibit A 3

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City Council Agenda June 20, 2023
Council Agenda Report
From: Catherine Piatti, Finance Manager
Subject: Public Hearing and Approval of Consumer Price Index Annual Inflationary Adjustments, the Annual Position-Based Adjustments, and Amendments to the Comprehensive Fee Schedule for Fiscal Year 2023-24
CEQA Determination: The City find that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378
Date: June 20, 2023
Facts

1. The City charges fees for certain services. These services are deemed to be those for which a particular individual or group is the primary beneficiary, as opposed to the public at large. As a result, it is more equitable to charge for these services rather than fund them out of general taxes.

2. The City is not allowed to charge more than the reasonable cost of providing the service or performing the activity. For some (e.g., youth recreation), the City purposefully charges less than the cost of providing the service in an effort to maintain accessibility and affordability.

3. Fees charged by all departments within the City have been assembled into one comprehensive schedule, to facilitate their adoption and use under this public hearing.

4. The City evaluates the fees included in the comprehensive fee schedule and proposes adjustments as needed, in order to reflect any changes in the costs of providing a particular service. Rather than conduct a full cost of services study each year, which is costly and time intensive, the City bases the updates upon changes in the specific factors related to the individual service (e.g., an increase in passthrough charges from a contractor performing plan check services or inspection services for the City), the actual hourly or overtime rate associated with various positions, or the Consumer Price Index (CPI). The Consumer Price Index percentage change for the year ending April 2023 is 4.2% percent.

5. The City’s last full cost of services study was completed in 2005; however, the current year’s budget includes appropriations towards an update to the fee study report. When this study is performed, a detailed assessment of the current fees and actual costs to provide the various services the City offers will be completed in order to determine the adequacy and efficiency of the services provided and the fees assessed.

6. On June 21, 2022, City Council approved Resolution 22-091, allowing for position-based fees added since the 2005 Cost of Service Study to be updated each year based on the applicable hourly rate or overtime rate of the position(s) involved.

7. In addition to the annual CPI and position-based fee adjustments, there are additional proposed fee amendments within Police, Emergency Services, Community Development Building Division, and the newly developed Utilities Department. These amendments include the addition, restructuring and/or discontinuation of fees, or an increase above CPI.

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8. The annual CPI and position-based fee adjustments, as well as additional proposed fee amendments for Police, Emergency Services, Community Development Building Division, and Utilities are provided in Attachment 1, Exhibit A.

Community Outreach
As required by State law, notice of the public hearing for the proposed Fiscal Year 2023-24 Comprehensive Fee Schedule was completed at least 10 days prior to the date of this evening’s public hearing and presentation to City Council. Publication is included as Attachment 1, Exhibit B.

Options

1. Take no action;

2. Approve the annual inflationary adjustments, annual position-based adjustments, and amendments to the FY 2023-24 Comprehensive Fee Schedule, thereby authorizing the City to charge those fees for the services it offers;

3. Provide alternative direction to staff.

Analysis and Conclusions
The City aggregates all charges for service into one Comprehensive Fee Schedule (Attachment No. 1, Exhibit A) due to the fact that charges for services may be adopted through ordinance or resolution.

Typically, fees are assessed and increased annually by the consumer price index (CPI); however, when costs to provide a service increase beyond CPI, it may be necessary to amend the fees. In the event increases or new fees are proposed the City must hold a noticed public hearing prior to the adoption of increases to existing fees or the adoption of new fees. Otherwise, general tax revenue subsidizes these activities. Additionally, due to changes in department operations or community needs, additional fee categories, restructuring of fees, or discontinuation of fees can be necessary. Outlined below is a summary of the proposed charges for services that are either new or discontinued, increasing by more than CPI, or modifications to enhance clarity and match operational needs. Additionally, due to the recent reorganization of Community Services, Public Works, and the newly created Utilities Department, a reorganization of fees was necessary in order to capture applicable fees within their respective departments.

General Government. Due to the department re-organization within Community Services, Public Works, and the newly created Utilities Department, a reorganization of the fee schedule was needed in order to provide clarity and capture fees within their respective departments. In prior years, there was a section for Administrative Services which included two business license fees and many Utility Billing, Water, and Wastewater fees. With the creation of the Utilities Department, it was prudent to house all fees related to utilities in one section, thus resulting in the remaining fees being added to the General Government section of the fee schedule. The same applied to two fees for Public Works and Community Services in regard to fees for equipment use and the hourly rate associated with Community Services and Public Works maintenance staff. These two fees were previously included in a “catch all” section that combined Community Development, Public Works, and Community Services. These two fees have also been moved to the General Government section of the fee schedule to allow the Community Development Planning Division fees to be strictly that.

Police Department. The Police Department is proposing an increase above what CPI allows for one fee, along with the addition of one new fee, both pertaining to the processing and issuance of Concealed Weapons Permits. Historically, the fee for a Concealed Weapons Permit was set at $100 per Section 26190 of the Penal Code, which included the provision that this fee could not exceed $100. In 2019, Assembly

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Bill (AB) 1297 removed the prohibition on charging more than $100 and as such, staff analyzed the staff time involved with processing the application, issuance, and enforcement of the license, and is recommending an increase of $25 to set the fee at $125. Additionally, Section 26190 allows jurisdictions to charge a renewal fee, not to exceed $25, as well as fee for amending an existing permit pursuant to Section 26215 of the Penal Code, not to exceed $10. Our fee schedule currently includes the renewal fee; however, staff is proposing the addition of the amendment fee in the amount of $10 to help cover the processing costs associated with amending a license.

Emergency Services. The proposed fee amendments for Emergency Services include an amendment to an existing fee in order to add clarification; the discontinuation of a fee due to compliance with the California Fire Code; and the inclusion of a fee that was previously developed but not officially added to the fee schedule at that time.

The first amendment is associated with aircraft refueling vehicles, in which Fire and Emergency Services staff requires two inspections per year. Historically, the fee listed in the fee schedule was the total annual fee for the two inspections. In order to enhance clarity as to what this fee entails, staff is proposing amending the fee description to reflect the verbiage “per inspection/2 per year” and adjust the fee amount to reflect the per inspection charge rather than the total annual charge. This methodology is consistent with how the fee is actually assessed. Currently, staff is collecting half of the fee with the first inspection, with the second half due upon the second inspection. Overall, the fee is not increasing or decreasing above or below what CPI allows, just simply reflecting the per inspection charge. In order to provide additional context, we applied the same methodology to the prior year’s fee amounts as well. By doing this, the year over year change is more transparent.

Additionally, staff is proposing the discontinuation of the fee associated with the annual permit for mobile food preparation vehicles due to the recent updates to the 2022 California Fire Code. Prior code required Emergency Services to perform inspections of all mobile food preparation vehicles, however with the recent code updates, the health and safety aspect of food preparation vehicles will solely be covered by the County Health Department and the inspections that they provide.

Lastly, staff is proposing formally adding the existing business self-inspection fee to the fee schedule. As I mentioned above, the City attempts to capture all charges for services into one comprehensive document for the ease of citizens and staff alike. The current business self-inspection program was developed in 2016 in an effort to maintain compliance during a time where the call volume was exceeding the capacity of the Emergency Service Department and staff could not perform the regularly scheduled annual site inspections. The self-inspection fee is intended to cover staff time associated with processing the selfinspection form. Besides the initial selection and outreach to a qualifying business, each inspection that is returned is reviewed for safety compliance and manually entered into the records management system, taking about 25-30 minutes of staff time to process. At current staff costs, the existing $45 fee does not achieve 100% cost recovery, however, keeping this fee on the lower side encourages business owners of low hazard businesses to take advantage of the program. In comparison, a typical low hazard business would pay between $90 to $493 for a physical engine company inspection depending on their square footage. No increase is being proposed for the self-inspection fee, simply taking the action to formally include it in the comprehensive fee schedule.

Community Services Library Division. Although no fee increases or adjustments are being proposed within the Library Division, there is one operational change that is being recommended in regard to refunds of fees paid for lost or damaged materials. In the past, patrons who paid the fee for lost or damaged items

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could be eligible for a refund of that fee if the item was located or replaced to the library within three months of paying the initial fee. This option is no longer operationally efficient for the Library as materials are currently checked out for periods of twenty-one (21) days and can be automatically renewed five (5) times, as long as no other patron is waiting for the item. Patrons then receive a courtesy overdue notice at 3, 10, and 17 days past due. There are no overdue fines charged to the patron, per Resolution 19-032.

At 30 days past the final due date, a patron is then billed the applicable replacement fees. At this point, the item has typically been replaced in response to demand. In some cases, the demand for the item has diminished due to the period of time that has lapsed and the unavailability of the item. In this instance, alternative materials are purchased that are more responsive to patron needs and demand.

Community Development Building Division. The Building Division of the Community Development Department is proposing the addition of one new position-based fee. The proposed fee is for stock plans associated with an accessory dwelling unit. This flat fee will streamline the permitting process for duplicative projects and ensure cost recovery for staffing levels that expedite the permitting and inspection of new housing units. This fee is calculated based off the same philosophy as other fees which includes the necessary staff time for review and inspections.

Utilities. As previously mentioned, due to the recent re-organization and newly created Utilities Department, a re-organization of fees within the fee schedule was needed in order to capture fees within the respective departments to provide additional clarity and context to the fees. The majority of the fees listed within the Utilities section of the fee schedule were previously included in the Administrative Services section and simply being proposed to increase by CPI. In addition to the routine CPI adjustments, staff is proposing an increase to a deposit amount, a decrease to a fee, the discontinuation of a fee and the addition of five new fees. The proposed increase is in regard to the hydrant meter deposit. Historically, this deposit has been set at $765. This deposit is meant to cover the cost of replacing or repairing a damaged or non-returned hydrant meter rental. Currently, the costs for a standard hydrant meter are between $1,500-$2,000. Staff is proposing that the deposit be set at $1,500 in order to better reflect the actual costs involved with replacing a hydrant meter. This deposit is also included within the film permit section under General Government and is adjusted according to updates made within the Utilities section so that the deposit amount is consistent throughout.

Additionally, staff is also proposing a new fee and a decrease on an existing fee, both related to hydrant meters. Currently there is no fee to cover the actual costs associated with the setting of a hydrant meter, however there is a hydrant meter relocation fee. The process of setting a new hydrant meter typically takes an hour of staff time while the relocation of a hydrant meter only takes about 30 minutes. Staff is proposing the addition of a hydrant meter set fee equal to one hour at the hourly rate listed for Utilities Maintenance staff, $203, and proposes a decrease to the hydrant meter relocation fee to reflect half of the hydrant meter set fee, $101, to accurately reflect the time and resources needed to perform this function.

Related to hydrant meters, staff is proposing the discontinuation of the monthly hydrant meter rental fee.

This fee is no longer operationally needed as hydrant meters are now assessed a monthly flat fee based on the hydrant meter size. For example, hydrant meters are typically 3” in size. The current flat fee is $58/month and will incrementally increase each year. By January 2027, the monthly flat fee will be $250/month. Additionally, the rental fee was to encourage customers to return the hydrant meter when not in use as there are a limited number of hydrant meters available for rent. The City has mechanisms in place where a hydrant meter could be pulled from a location if not being used so the rental fee is not needed to achieve this purpose.

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The last proposal within the Utilities Department is in regard to water meter fees. Although previously adopted by Resolution 3120 (1986) and Resolution 13-076 (2013), the fees for the installation of water meters have not been included in the comprehensive fee schedule and they have remained constant since their initial adoption. In addition to simply adding these fees to the fee schedule, in response to the recent Council action regarding the advanced metering infrastructure project (AMI), it is important that these fees accurately reflect the cost associated with AMI compatible water meters. The proposed increase allows for water meters that are installed in the future to be compatible with the AMI technology. In order to provide clarity and historical fee information in one place, the previous year’s meter installation fees have been added to the fee schedule.

Public Works Airport Division. Although initial noticing stated that there would be amendments to the Airport Division fees, these specific amendments are being deferred and will be brought before City Council at a later date. Deferring these fee amendments will allow the Airport Commission to review the proposed amendments and provide valuable input prior to the consideration of the City Council.

Fiscal Impact
The proposed fee increases and amendments will have a direct increase in City revenues; however, the increases and amendments to fees are meant to offset the increasing costs to provide appropriate services. Many of the current fees do not achieve full cost recovery due to a variety of reasons, some of which are affordability and accessibility for citizens.

CEQA
The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.

Recommendation
Approve Resolution 23-XXX, adopting the annual consumer price index inflationary adjustments, the annual position-based adjustments, and amendments to the Comprehensive Fee Schedule for fiscal year 2023-24
Attachments

1. Resolution 23-XXX
a. Exhibit A: Proposed annual inflationary adjustments, annual position-based adjustments, and amendments to the FY 2023-24 Comprehensive Fee Schedule b. Exhibit B: Publication Affidavit

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Attachment 1
RESOLUTION 23-XXX

A RESOLUTION OF THE CITY OF EL PASO DE ROBLES

IMPLEMENTING ANNUAL INFLATIONARY ADJUSTMENTS AND AMENDING FEE(S) WITHIN POLICE,

EMERGENCY SERVICES, COMMUNITY DEVELOPMENT, AND UTILITIES AS PART OF THE COMPREHENSIVE FEE SCHEDULE AND FINDING THE ACTION EXEMPT FROM CEQA
WHEREAS, State law governing municipal planning and finance in California recognizes the validity of, and authorizes, the imposition by cities of fees for services; and WHEREAS, the City of El Paso de Robles prepared a Cost of Service Study with the assistance of Maximus, Inc. in 2005 to ensure that the City’s fees for services are reasonable and equitable and do not exceed the reasonable cost of providing the services; and
WHEREAS, the City Council adopted a comprehensive fee schedule for City services based upon the 2005 Cost of Service Study (Resolution No. 05-192); and
WHEREAS, the City also provided in Resolution No. 05-192 that the fees established pursuant to the 2005 Cost of Service Study shall be adjusted annually, each July 1, by the percentage change in the Consumer Price Index (CPI) for the San Francisco-Oakland-San Jose area for Wage Earners and Clerical Workers for the prior 12-month period ending April 30; and
WHEREAS, the City also provided in Resolution No. 22-091 that position-based fees added since Resolution No. 05-192 will be adjusted each year to reflect the current actual hourly rate or overtime rate of the position(s) involved and appropriately rounded; and
WHEREAS, the City, in order to recover costs associated with services, has prepared amendments and additions outside of what CPI allows for fees within, Police, Emergency Services, Community Development, and Utilities; and
WHEREAS, the City has prepared a Comprehensive Fee Schedule for City Services FY 2023-24, attached hereto as Exhibit A and incorporated herein by reference, which reflects the CPI adjustments to fees authorized by Resolution No. 05-192, the position-based fee increases in accordance with Resolution No. 22-091, as well as cost recovery adjustments within Police, Emergency Services, Community Development, and Utilities ; and
WHEREAS, the City has caused notice of the public hearing to be published in a newspaper disclosing the public hearing will be held at 6:30pm on June 20, 2023 in the City Council chambers, at least 10 days prior to the date of the public hearing with two publications being made with at least five days intervening between each publication; and
WHEREAS, the public hearing was held as part of a regularly scheduled meeting and all oral and written presentations were heard; and

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Attachment 1
WHEREAS, at least 10 days prior to the meeting, the City made available to the public data indicating the amount of the estimated cost required to provide the services for which the fees are to be levied and the revenue sources anticipated to provide the service, including any general fund revenues; and WHEREAS, the proposed cost recovery fees meet the requirements that the fees be reasonable and equitable and do not exceed the cost of providing the services; and WHEREAS, the City has the discretion, in a given situation, to determine that it should charge less than the amount necessary to fully recover its cost.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. All of the above recitals are true and correct and incorporated herein by reference.

Section 2. The City Council hereby implements the annual CPI adjustments as authorized by Resolution No. 05-192, the annual position-based adjustments in accordance with Resolution No. 22-091, as well as the amendments above and beyond what CPI allows within Police, Emergency Services, Community Development, and Utilities, effective July 1, 2023, as shown in the proposed annual inflationary adjustments, annual position-based adjustments, and amendments to the FY 2023-24 Comprehensive Fee Schedule attached hereto as Exhibit A and incorporated herein by reference.

Section 3. The City Council finds and determines that:
(a) The fees established by this resolution:
(1.) are imposed for a specific government service provided directly to the payor, or for reasonable regulatory costs of the City for issuing licenses and permits, performing investigations, inspections, and administrative enforcement of the City’s Municipal Code or other rules or ordinances; and
(2.) are no more than necessary to cover the reasonable costs of the governmental activity for which the fee is imposed; and (3.) the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the payor’s burdens on, or benefits received from, the governmental activity for which the fee is imposed; and
(b) The fees are not taxes within the meaning of California Constitution article XIII C, section 1(e).
(c) The City Council finds the action, and the approval of the described contract herein, is not a project under the California Environmental

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Attachment 1
Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378 because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) Continuing administrative or maintenance activities—such as purchases for supplies—do not qualify as a project under CEQA (State CEQA Guidelines, § 15378, subd. (b)(2).)
Section 4. As previously granted, the City Council hereby authorizes the City Manager to decrease or waive the imposition of a fee for service if he determines, based on the circumstances in a given situation, that the imposition of the full fee would be unfair or is unwarranted in that situation.

Section 5. If any section, subsection, clause or phrase in this Resolution or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of this Resolution or the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or the application thereof to any person or circumstance be held invalid.

Section 6. This Resolution shall become effective immediately upon its adoption.

APPROVED by the City Council of the City of El Paso de Robles this 20 th day of June 2023 by the following
vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Steven W. Martin, Mayor
ATTEST:

Melissa Boyer, City Clerk
Exhibit A. FY 2023-24 Master Fee Schedule
Exhibit B. Publication Affidavit

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Comprehensive Fee Schedule
For City Services FY 2023‐24
Exhibit A

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Table of Contents
Department Name Page #

General Government................................................................................................................. 1 Police Department..................................................................................................................... 3 Emergency Services................................................................................................................... 7 Community Services - Library Division..................................................................................... 12 Community Services – Recreation Division - City Sponsored Programs .................................. 14 Community Services - Recreation Division - Facility Rentals.................................................... 15 Community Development- Building Division ........................................................................... 18 Community Development- Engineering Division..................................................................... 23 Community Development- Planning Division .......................................................................... 24 Public Works- Airport .............................................................................................................. 26 Utilities- Water and Wastewater............................................................................................. 28 The City Manager may decrease fees set forth in this schedule if they determine that the cost of providing a particular service will be substantially less than the normal cost of such service or if programs or services are reduced.

The City may, at its discretion, apply a late payment fee to outstanding amounts due the City that remain unpaid thirty days after the due date. The late payment fee will be 10% of the amount owed, but no less than $25.00.

Fees may be increased each year by the CPI, appropriately rounded, in accordance with Resolution No. 05-192.

Position-based fees added since Resolution No. 05-192 will be adjusted each year to reflect the current actual hourly rate or overtime rate of the position(s) involved, appropriately rounded, in accordance with Resolution No. 22-091.

Fees become effective July 1st of each year.

Exhibit A

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CITY OF EL PASO DE ROBLES

COMPREHENSIVE FEE SCHEDULE
General Government
Description Adopted Fee
FY 2021‐22
Adopted Fee
FY 2022‐23
Proposed Fee
FY 2023‐24
Photo Copies ‐ Two Sided Charged as Two Pages $ 0.20 $ 0.20 $ 0.20 Audio Recordings ‐ CD $ 15 $ 15 $ 15
Video Recordings ‐ DVD $ 15 $ 15 $ 15
PDF Documents Via Website or Email free free free
PDF Documents ‐ CD $ 15 $ 15 $ 15
Appeals (all others not listed) $ 57 $ 62 $ 70
Returned Check Charge $ 25 $ 25 $ 25
Subsequent Returned Check Charge $ 35 $ 35 $ 35
Pulling Nomination Papers $ 25 $ 25 $ 25
Filing an Initiative Petition $ 200 $ 200 $ 200
Business License Recovery Fee $ 2 $ 2 $ 2
Business License Transfer Fee1 $ 1 $ 1 $ 1
Maintenance Staff Hourly Rate2 $ 185 $ 195 $ 203
Equipment Use Fees5 formula fee formula fee formula fee

GENERAL GOVERNMENT

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COMPREHENSIVE FEE SCHEDULE
General Government
Description Adopted Fee
FY 2021‐22
Adopted Fee
FY 2022‐23
Proposed Fee
FY 2023‐24

GENERAL GOVERNMENT
Film Permit Fees3
Permit Review/Processing ‐ Per Permit ‐ $ 160 $ 166 Other Items as Required:

Misc. Staff Assistance (Hourly Rate)4 ‐ per contract per contract Set Inspection (Hourly Rate)4 ‐ $ 233 $ 243 Pyrotechnical Special Effects ‐ Per Event ‐ $ 519 $ 540 Paramedic Unit Standby ‐ (Hourly Rate)4 ‐ $ 501 $ 521 Engine Company Standby ‐ (Hourly Rate)4 $ 886 $ 923 Crowd Control ‐ (Hourly Rate per Officer)4 ‐ $ 82 $ 81 Street Closure ‐ (Hourly Rate, 2 staff min.)4 ‐ $ 371 $ 406 Equipment Use Fees5 ‐ formula fee formula fee
Equipment Operation (Hourly Rate)4 ‐ $ 185 $ 203 Hydrant Meter Deposit ‐ Hydrant Usage6 ‐ $ 765 $ 1,500 Other Water Usage ‐ Per Location7 ‐ $ 500 $ 500

1. Previously adopted by Ordinance 223 N.S. 1959

2. Hourly rate for Public Works/Community Services Maintenance Workers

3. Based on original film permit fees per Resolution 90‐94. Services required for Film Permits are subject to availability of City staff/equipment and not guaranteed.

4. Hourly Rate Fees have a minimum of 1 hour and as available. Availability is not guaranteed.

5. Based on the current adopted Cal Trans Schedule‐ hourly rate

6. Hydrant meter must be obtained through the Utility Billing Department. Deposit will be applied towards usage. Remaining balances due will be owed and remaining deposit amounts will be returned.

7. Other water Usage must be obtained through the Utility Billing Department. Water usage will be determined by Utility Billing per location. Deposit will be applied towards usage. Remaining balances due will be owed and remaining deposit amounts will be returned.

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CITY OF EL PASO DE ROBLES

COMPREHENSIVE FEE SCHEDULE
Police Department
Description Adopted Fee
FY 2021‐22
Adopted Fee
FY 2022‐23
Proposed Fee
FY 2023‐24
Officer ‐ (Hourly Rate) $ 77 $ 82 $ 81 Sergeant ‐ (Hourly Rate) $ 105 $ 110 $ 106 Community Services Officer ‐ (Hourly Rate) ‐ $ 57 $ 59 Dispatcher ‐ (Hourly Rate) $ 55 $ 62 $ 61 Records Clerk ‐ (Hourly Rate) $ 43 $ 47 $ 50 Crime Report $ 35 $ 37 $ 38 Traffic Collision Report‐ property damage only $ 47 $ 49 $ 51 Traffic Collision Report‐ Full Investigation $ 76 $ 80 $ 83 Daily Log (copy) $ 6 $ 6 $ 6 Clearance Letter $ 41 $ 43 $ 45 Photo ‐Digital on CD $ 35 $ 37 $ 38 Video DVD $ 76 $ 80 $ 83 Audio DVD $ 76 $ 80 $ 83 Livescan Fingerprint Service $ 41 $ 43 $ 45 Vehicle Release $ 153 $ 161 $ 168 VIN Verification $ 19 $ 20 $ 20 Citation Sign Off (Excludes Commercial Vehicle Violations) $ 19 $ 20 $ 20 Vehicle Repossession1 $ 15 $ 15 $ 15 Alarm Permit 69 $ $ 72 $ 75 False Alarm (after 3 responses)2 $ 41 $ 43 $ 45 Second Hand Dealer Permit1 $ 300 $ 300 $ 300 Taxi Permit 386 $ $ 405 $ 422

POLICE DEPARTMENT

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COMPREHENSIVE FEE SCHEDULE
Police Department
Description Adopted Fee
FY 2021‐22
Adopted Fee
FY 2022‐23
Proposed Fee
FY 2023‐24

POLICE DEPARTMENT
Concealed Weapons Permit1 $                    100 $                    100 $                    125 Concealed Weapons Permit ‐ renewal1 $                      25 $                      25 $                      25 Concealed Weapons Permit ‐ amendment to permit1 ‐‐ $                      10 Subpoena Process Fee1 $                      15 $                      15 $                      15 Firearm seizure, impound and release $                    101 $                    106 $                    110 Card Dealer Permit $                    372 $                    390 $                    407 Card Dealer Permit Renewal $                      97 $                    102 $                    106 Vehicle Code Parking Violations 3
Park in Bike Lane ‐ 21211(b) CVC ‐ $                      50 $                      50 Park Unlawfully within an Intersection ‐ 22500(a) CVC 139 $                     $                      50 $                      50 Park within Crosswalk ‐ 22500(b) CVC 139 $                     $                      50 $                      50 Park Blocking a Driveway ‐ 22500(e) CVC $                    139 $                      50 $                      50 Park on a Sidewalk ‐ 22500(f) CVC $                    139 $                      50 $                      50 Double Parking ‐ 22500(h) CVC $                    139 $                      50 $                      50 Park in Posted Bus Loading Zone ‐ 22500(i) CVC $                    139 $                    150 $                    150 Park Blocking Wheelchair Access ‐ 22500(i) CVC $                    139 $                    285 $                    285 Stopping in a Fire Lane ‐ 22500.1 CVC $                    151 $                    150 $                    150 Park Right Wheel within 18" of Curb ‐ 22502(a) CVC $                      79 $                      50 $                      50 Park in Painted Disabled Crosshatch Lines ‐ 22507.8(c) CVC ‐ $                    285 $                    285 Zero‐Emission Vehicle Parking1
‐ 22511.1 CVC ‐ $                    100 $                    100 Park Vehicle within 15' of Fire Hydrant ‐ 22514 CVC 151 $                     $                    150 $                    150 Open/Leave Open Vehicle Doors to Traffic ‐ 22517 CVC 151 $                     $                      50 $                      50

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CITY OF EL PASO DE ROBLES

COMPREHENSIVE FEE SCHEDULE
Police Department
Description Adopted Fee
FY 2021‐22
Adopted Fee
FY 2022‐23
Proposed Fee
FY 2023‐24

POLICE DEPARTMENT
Park within 7' 6" of Railroad Tracks ‐ 22521 CVC $                    553 $                      50 $                      50 Park within 3' of Sidewalk Access Ramp ‐ 22522 CVC $                    343 $                    285 $                    285 Expired Registration ‐ 4000(a) CVC ‐ $                      50 $                      50 No Front Plate ‐ 5200(a) CVC ‐ $                      50 $                      50 Correctable Violation Fee1
‐ 40225 CVC ‐ $                      10 $                      10 Failure to Display Handicap Placard1
‐ 40226 CVC $                      25 $                      25 $                      25 Paso Robles Municipal Code Parking Violations 3
Parking on Street over 72 Hours ‐ 12.32.060 PRMC ‐ $                      50 $                      50 Stopping/Standing/Parking in a Parkway Prohibited ‐ 12.32.050 PRMC ‐ $                      50 $                      50 Park on Street for Repairs ‐ 12.32.070 PRMC $                      33 $                      50 $                      50 Angle Parking ‐ 12.32.080 PRMC $                      33 $                      50 $                      50 Park Adjacent to School when Signs Prohibit ‐ 12.32.100 PRMC $                      33 $                      50 $                      50 Parking Prohibited by Posted Signs ‐ 12.32.150 PRMC $                      33 $                      50 $                      50 Park on Private Property without Consent ‐ 12.32.170 PRMC $                      33 $                      50 $                      50 Curb Markings: Red/Yellow/White/Green ‐ 12.36.020 PRMC $                      33 $                      50 $                      50 Parking in Alley ‐ 12.36.060 PRMC $                      33 $                      50 $                      50 Prohibited Parking ‐ 12.38.010 PRMC $                      33 $                      50 $                      50 Parking Space Markings ‐ 12.38.030 PRMC $                      33 $                      50 $                      50 Trailer/RV Parked without Permit ‐ 12.38.035 PRMC $                      33 $                      50 $                      50 Commercial Vehicle Parking ‐ 12.38.040 PRMC $                      33 $                      50 $                      50 Disabled Parking1
‐ 12.38.045 PRMC $                    285 $                    285 $                    285 Limited Time Parking ‐ 12.38.050 PRMC 33 $                       $                      50 $                      50

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CITY OF EL PASO DE ROBLES

COMPREHENSIVE FEE SCHEDULE
Police Department
Description Adopted Fee
FY 2021‐22
Adopted Fee
FY 2022‐23
Proposed Fee
FY 2023‐24

POLICE DEPARTMENT
Park within Painted Markings ‐ 12.42.050 PRMC ‐ $ 50 $ 50 Vehicle Mounted Sign ‐ 21.19.110 PRMC 157 $ $ 50 $ 50

1. State Mandated Fee

2. Fee applies to the 4th false alarm within the permit holder’s annual period and continues to double with each subsequent false alarm thereafter.

3. Although not previously included in the Comprehensive fee Schedule, prior year's Vehicle Code Parking Violations and Paso Robles Municipal Code Parking Violations are included in the prior year's fee columns for comparison purposes.

These fees were previously adopted by Ordinance No. 1065 and Vehicle Code Section 40203.5.

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CITY OF EL PASO DE ROBLES

COMPREHENSIVE FEE SCHEDULE
Emergency Services
Description Adopted Fee
FY 2021‐22
Adopted Fee
FY 2022‐23
Proposed Fee
FY 2023‐24
Construction Permits Automatic Fire‐Extinguishing System Residential ‐ 13D Systems
Under 3500 sqft $                   441  $                   450  $                   470 Over 3500 sqft (3 hr. minimum staff time) $                   644  $                   663  $                   685 Each Additional Hour $                      53  $                      58  $                      65 Commercial/Industrial/Multi‐Family Systems
1 ‐ 50 Heads $                1,160  $                1,218  $                1,269 51 ‐ 100 Heads $                1,381  $                1,450  $                1,511 101 ‐ 200 Heads $                1,602  $                1,683  $                1,753 201 ‐ 300 Heads $                1,824  $                1,915  $                1,996 301 ‐ 500 Heads $                2,474  $                2,598  $                2,707 501 ‐ 1000 Heads $                3,557  $                3,735  $                3,891 1001 ‐ 2000 Heads $                5,866  $                6,159  $                6,418 Each Additional 100 Heads $                   863  $                   906  $                   944 Certificate of Occupancy ‐ Inspection ‐ Hourly (1 hr min.) $                   221  $                   232  $                   242 Chemical Extinguishing Systems ‐ (Wet or Dry) $                   662  $                   695  $                   724 Fire Alarm and Detection Systems & Related Equipment
Fire Sprinkler Supervision $                   507  $                   532  $                   555 Fire Alarm Systems 0‐15 Devices $                   612  $                   642  $                   669 Fire Alarm Systems 16 ‐ 30 Devices $                   827  $                   869  $                   905 Fire Alarm Systems 31 ‐ 50 Devices $                1,070  $                1,123  $                1,171 Fire Alarm Systems 51 ‐ 100 Devices $                1,154  $                1,212  $                1,262 Each 5 additional Devices (Per 1/2 hr) $                   111  $                   116  $                   121

EMERGENCY SERVICES

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CITY OF EL PASO DE ROBLES

COMPREHENSIVE FEE SCHEDULE
Emergency Services
Description Adopted Fee
FY 2021‐22
Adopted Fee
FY 2022‐23
Proposed Fee
FY 2023‐24

EMERGENCY SERVICES
Minor Alarm System Modification $                   224  $                   239  $                   253 Public Safety Radio Repeater System Assessment (2 hr min.) $                   106  $                   116  $                   130 Public Safety Radio Repeater System Permit (2 hr min.) $                1,072  $                1,101  $                1,152 Each Additional Hour $                   222  $                   233  $                   243 Underground Fire Line ‐ One Riser
(Includes 1 re‐inspection) $                1,002  $                1,052  $                1,097 Underground Fire Line ‐ One Hydrant
(Includes 1 re‐inspection) $                1,002  $                1,052  $                1,097 Each Additional Riser $                   157  $                   165  $                   172 Each Additional Hydrant $                   157  $                   165  $                   172 Standpipe with PRV (Per Outlet) $                   190  $                   199  $                   208 Standpipe without PRV's (Per Outlet) $                   171  $                   179  $                   187 Paint Spray Booth (Connected to sprinkler system) $                   378  $                   397  $                   414 Fire Pumps & Related Equipment $                   690  $                   725  $                   755 Foam Systems $                   378  $                   397  $                   414 IFC Fire Code Interpretation  Appeals $                   658  $                   690  $                   719 Restaurant Hood System $                   627  $                   658  $                   685 Minor Hood System Modification $                   224  $                   239  $                   253 Vehicle Gate Access (Fire Apparatus Access) $                   224  $                   239  $                   253 Solar Photovoltaic Power Systems1 formula fee  formula fee  formula fee Operational Permits
Adult Care Facility ‐ Annual Permit $                   164  $                   173  $                   180 Aircraft Refueling Vehicles ‐ Per Inspection/2 per year 5 $                      82  $                      86  $                      90 Aircraft Refueling Station ‐ Inspection $                      82  $                      86  $                      90 Carnivals and Fairs ‐ Per Event $                   493  $                   518  $                   540

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CITY OF EL PASO DE ROBLES

COMPREHENSIVE FEE SCHEDULE
Emergency Services
Description Adopted Fee
FY 2021‐22
Adopted Fee
FY 2022‐23
Proposed Fee
FY 2023‐24

EMERGENCY SERVICES
High Piled Combustible Storage ‐ Annual Permit $                   164  $                   173  $                   180 Mobile Food Preparation Vehicle ‐ Annual Permit $                   169  $                   178  DISCONTINUE Pyrotechnics and Fireworks ‐ Per Event $                   493  $                   518  $                   540 Tents or Canopies ‐ Per Event $                   164  $                   173  $                   180 Apartment Inspections (3 Units or more)2
Under 8 Units $                      82  $                      86  $                      90 8 ‐ 19 Units $                   141  $                   148  $                   154 20 ‐ 39 Units $                   197  $                   207  $                   216 40 ‐ 99 Units $                   253  $                   266  $                   277 100 ‐ 199 Units $                   310  $                   325  $                   339 200 Units or more $                   366  $                   384  $                   400 Commercial Business Inspections2
500 Square Feet or Less $                      82  $                      86  $                      90 501 Square Feet ‐ 999 Square Feet $                   113  $                   118  $                   123 1,000 Square Feet ‐ 1,999 Square Feet $                   141  $                   148  $                   154 2,000 Square Feet ‐ 4,999 Square Feet $                   169  $                   177  $                   185 5,000 Square Feet ‐ 9,999 Square Feet $                   282  $                   296  $                   308 10,000 Square Feet ‐ 19,999 Square Feet $                   338  $                   355  $                   370 20,000 Square Feet ‐ 29,999 Square Feet $                   394  $                   414  $                   431 30,000 Square Feet or more $                   451  $                   473  $                   493 Business Re‐Inspection (Failure to Comply) $                   123  $                   129  $                   135 New Business Inspections (New Business Licenses) $                      82  $                      86  $                      90 Business Self‐Inspection6 $                      45  $                      45  $                      45

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CITY OF EL PASO DE ROBLES

COMPREHENSIVE FEE SCHEDULE
Emergency Services
Description Adopted Fee
FY 2021‐22
Adopted Fee
FY 2022‐23
Proposed Fee
FY 2023‐24

EMERGENCY SERVICES
Other Services
Administrative Coordinator I‐ Clerical (Hourly Rate) $                      60  $                      64  $                      65 Captain / Paramedic ‐ (Hourly Rate) $                   205  $                   216  $                   225 Engineer / Paramedic ‐ (Hourly Rate) $                   164  $                   173  $                   180 Paramedic Unit Standby ‐ (Hourly Rate) $                   476  $                   500  $                   521 Engine Company / DUI Response ‐ (Hourly Rate) $                   844  $                   886  $                   923 Extraordinary Response ‐ High Use
(Per Company, Hourly Rate) $                   411  $                   432  $                   450 Hazardous Materials Clean‐Up1 formula fee  formula fee  formula fee Firefighter  / Paramedic‐ (Hourly Rate) $                   159  $                   167  $                   174 Fire Chief ‐ (Hourly Rate) $                   247  $                   259  $                   270 Battalion Chief ‐ (Hourly Rate) $                   222  $                   233  $                   243 Fire Marshal ‐ (Hourly Rate) $                   222  $                   233  $                   243 Fire Prevention Specialist (Hourly Rate) $                      53  $                      58  $                      65 Inspection Prior to Permit $                   250  $                   263  $                   274 Inspections‐ Work Commenced Without Permit(s) $                   250  $                   263  $                   274 False Alarm ‐ Failure To Notify ‐ Testing/Maintenance3 $                   113  $                   118  $                   123 False Alarm ‐ Repetitive (3 Within Prior 365 Day Period)  $                   493  $                   518  $                   540 Structure Fire ‐ Per Incident for Insurance Billing
(Hourly Rate)1 formula fee  formula fee  formula fee
Re‐Inspection ‐ (Construction Permits) $                   222  $                   233  $                   243 Title‐19 ‐ Automatic Fire Extinguishing  Five‐Year Test     (Hourly Rate) $                   222  $                   233  $                   243 Title‐19 ‐ Additional Riser without FDC $                   167  $                   175  $                   183 Title‐19 ‐ Delinquency of Reporting (Hourly Rate)4 ‐ $                      58  $                      65

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COMPREHENSIVE FEE SCHEDULE
Emergency Services
Description Adopted Fee
FY 2021‐22
Adopted Fee
FY 2022‐23
Proposed Fee
FY 2023‐24

EMERGENCY SERVICES
Weed Abatement1 formula fee  formula fee  formula fee
Emergency Inspection Fee (Under 24 hours notice) $                   443  $                   465  $                   485 Additional Site Inspection Fee (1 hour min.) $                   222  $                   233  $                   243 Extra Fire Plan Check / Inspection $                   222  $                   233  $                   243 Minor Sprinkler Modification Permit (1‐10 heads) ‐
Not requiring sprinkler calculations $                   492  $                   517  $                   538 Re‐Submittal of Plans / Additional Plan Review‐ Hourly
(1 hr. min.) $                   271  $                   284  $                   296 Electronic Archiving ‐ Size A&B (per page) $                  0.20  $                  0.20  $                  0.20 Electronic Archiving ‐ Size C (per page) $                  0.45  $                  0.45  $                  0.45 Electronic Archiving ‐ Size D&E (per page) $                        2  $                        2  $                        2 Record Management Fee (each) $                      15  $                      15  $                      15

1. In the absence of an established fee for service, the City will recover costs based on the reasonable time and materials required to provide the service, as calculated by ES Administration.

2. Apartment/Commercial Business inspection fees are pro‐rated; based upon estimated personnel time dependent on size of business. Includes one reinspection within 30 days.

3. More than 1 within prior 365 day period

4. Continued delinquency will result in an Administrative Citation

5. Fee is based on two inspections per year, billed when each inspection is completed. Fee previously stated the total fee per year, based on two inspections. Updating fee to reflect per inspection fee with the requirement that two inspections are due each year. Updated prior year's fees to reflect the per inspection fee for comparison purposes.

6. Self Inspection program was developed in 2016. Although prior to FY 2023‐24 the fee was not previously included in the Comprehensive Fee Schedule, prior year's fees are included in the prior year's fee columns for comparison purposes.

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COMPREHENSIVE FEE SCHEDULE
Community Services - Library Division
Description Adopted Fee
FY 2021‐22
Adopted Fee
FY 2022‐23
Proposed Fee
FY 2023‐24
Replacement Fee for Lost or Damaged Material Beyond
Repair
Adult fiction 36 $ $ 37 $ 37 Adult nonfiction 42 $ $ 43 $ 43 Juvenile fiction 28 $ $ 29 $ 29 Juvenile nonfiction 28 $ $ 29 $ 29 Juvenile paperback 10 $ $ 15 $ 15 Periodical $ 8 $ 9 $ 9 Pamphlet $ 5 $ 5 $ 5 Book on CD (Per Set) $ 75 $ 75 $ 75 Juvenile Book on CD (Per Set) $ 50 $ 50 $ 50 Children's book & CD set (Per Set) $ 10 $ 25 $ 25 DVD $ 20 $ 21 $ 21 DVD Sets (3+ Discs) $ 50 $ 50 $ 50 Hotspots $ 100 $ 100 $ 100 Launchpads $ 150 $ 150 $ 150 Book Club Kits $ 180 $ 180 $ 180 Laptops $ 800 $ 800 $ 800 Hotspot/Launchpad Cable, Charger, Case, SIM Card
(Per Item) $ 10 $ 10 $ 10 Processing fee for replacement items (includes items not listed above or items replaced by patron) $ 10 $ 10 $ 10 COMMUNITY SERVICES ‐ LIBRARY DIVISION

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CITY OF EL PASO DE ROBLES

COMPREHENSIVE FEE SCHEDULE
Community Services - Library Division
Description Adopted Fee
FY 2021‐22
Adopted Fee
FY 2022‐23
Proposed Fee
FY 2023‐24
COMMUNITY SERVICES ‐ LIBRARY DIVISION
Repair Damaged Material
Adult fiction 5 $ $ 5 $ 5 Adult nonfiction 5 $ $ 5 $ 5 Juvenile fiction 5 $ $ 5 $ 5 Juvenile nonfiction 5 $ $ 5 $ 5 Periodical 5 $ $ 5 $ 5 Book on CD 5 $ $ 5 $ 5 Children's book & CD set 5 $ $ 5 $ 5 DVD 5 $ $ 5 $ 5 Library Fines were eliminated per Resolution 19‐032
No refunds of fees paid for lost or damaged materials

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COMPREHENSIVE FEE SCHEDULE
Community Services - Recreation Division - City Sponsored Programs Description Adopted Fee
FY 2021‐22
Adopted Fee
FY 2022‐23
Proposed Fee
FY 2023‐24
Aquatics Programs
Public Swim $ 5 $ 5 $ 5 Junior Lifeguard Program (Red Cross) $ 130 $ 136 $ 142 Group Swim Lessons $ 63 $ 66 $ 69 Public Swim Pass ‐ 10 Punch $ 45 $ 45 $ 45 100 Punch Pass‐ Public Swim (Non‐transferrable) $ 390 $ 400 $ 400

1. Contracted program fees set by contractor. City receives 30% of program fee.

COMMUNITY SERVICES ‐ RECREATION DIVISION ‐ CITY SPONSORED PROGRAMS 1

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COMPREHENSIVE FEE SCHEDULE
Community Services - Recreation Division - Facility Rentals Description Adopted Fee
FY 2021‐22
Adopted Fee
FY 2022‐23
Proposed Fee
FY 2023‐24
Indoor Facilities1
Centennial Park‐ Hourly
Acorn Meeting Room 27 $ $ 29 $ 30 Acorn Meeting Room (Non‐profit) $ 14 $ 14 $ 15 Banquet Room 82 $ $ 86 $ 90 Banquet Room (Non‐profit) $ 41 $ 43 $ 45 Gym Fitness Room 22 $ $ 23 $ 24 Gym Fitness Room (Non‐profit) $ 11 $ 11 $ 12 Gym Meeting Room $ 27 $ 29 $ 30 Gym Meeting Room (Non‐profit) $ 14 $ 14 $ 15 Gym Office $ 22 $ 23 $ 24 Gym Office (Non‐profit) $ 11 $ 11 $ 12 Gymnasium $ 130 $ 136 $ 142 Gymnasium (Non‐profit) $ 65 $ 68 $ 71 Kitchen $ 27 $ 29 $ 30 Kitchen (Non‐profit) $ 14 $ 14 $ 15 Live Oak Meeting Room $ 33 $ 34 $ 36 Live Oak Meeting Room (Non‐profit) $ 16 $ 17 $ 18 White Oak Meeting Room $ 22 $ 23 $ 24 White Oak Meeting Room (Non‐profit) $ 11 $ 11 $ 12 COMMUNITY SERVICES ‐ RECREATION DIVISION ‐ FACILITY RENTALS

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COMPREHENSIVE FEE SCHEDULE
Community Services - Recreation Division - Facility Rentals Description Adopted Fee
FY 2021‐22
Adopted Fee
FY 2022‐23
Proposed Fee
FY 2023‐24
COMMUNITY SERVICES ‐ RECREATION DIVISION ‐ FACILITY RENTALS Outdoor Facilities2
Aquatics ‐ Hourly
Centennial Pool 88 $                       $                      92 $                      96 Municipal Pool 80 $                       $                      83 $                      87 Picnic Areas ‐ Hourly ‐ 2 Hour Minimum
Picnic & BBQ Areas 33 $                       $                      34 $                      36 Picnic & BBQ Areas (Non‐profit) 25 $                       $                      26 $                      27 Centennial Park Patio/Picnic Area 33 $                       $                      34 $                      36 Centennial Park Patio/Picnic Area (Non‐profit) 25 $                       $                      26 $                      27 City Park Gazebo $                      55 $                      57 $                      60 City Park Gazebo (Non‐profit) $                      41 $                      43 $                      45 Concessions per contract per contract per contract
Courts ‐ Hourly ‐ Per Court
Pickleball $                        6 $                        6 $                        6 Tennis $                        6 $                        6 $                        6 Sports Fields ‐ Hourly ‐ Per Field
Youth Leagues ‐ Games, Practices, Clinics $                        3 $                        4 $                        4 Youth Sports Council Member Leagues $                        2 $                        2 $                        2 Adult Leagues ‐ Games, Practices, Clinics $                      17 $                      18 $                      19

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CITY OF EL PASO DE ROBLES

COMPREHENSIVE FEE SCHEDULE
Community Services - Recreation Division - Facility Rentals Description Adopted Fee
FY 2021‐22
Adopted Fee
FY 2022‐23
Proposed Fee
FY 2023‐24
COMMUNITY SERVICES ‐ RECREATION DIVISION ‐ FACILITY RENTALS Tournaments ‐ Full Use ‐ Saturday & Sunday (7am‐10pm)
Youth Leagues (4 fields at Barney Schwartz Park) 1,091 $ $ 1,146 $ 1,194 Adult Leagues (4 fields at Barney Schwartz Park) 1,310 $ $ 1,375 $ 1,433 Miscellaneous
Alcohol Permit Application $ 33 $ 34 $ 36 After Hours Staff Support $ 27 $ 29 $ 30

1. Indoor Facilities‐ Non‐profit groups are charged at 50% of adopted fees.

2. Outdoor Facilities‐ Non‐profit groups are charged at 75% of adopted fees with the exception of:
aquatic facilities, concessions, pickleball courts, tennis courts, youth leagues, adult leagues and tournament fees.

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CITY OF EL PASO DE ROBLES

COMPREHENSIVE FEE SCHEDULE
Community Development - Building Division
Unit Adopted Fee
FY 2021‐22
Adopted Fee
FY 2022‐23
Proposed Fee
FY 2023‐24
Building Standard Hourly Rate hrly $                  181 $                  190 $                  198 Minor Residential MPE Permits ea $                    91 $                    95 $                    99 Mechanical, Plumbing, Electrical (MPE) Permits
1 Item (e.g. Mech, Plumb, Elec, or EV ONLY) ea $                  317 $                  333 $                  347 2 Items (e.g. Mech + Plumb) ea $                  408 $                  428 $                  446 Solar ‐ Residential ea $                  410 $                  410 $                  410 Solar ‐ Residential + Electrical Panel ea $                  490 $                  490 $                  490 Solar ‐ COM/IND Permit Processing ea $                  544 $                  571 $                  595 Solar ‐ COM/IND Plan Check & Est. Inspections hrly $                  181 $                  190 $                  198 Residential Remodels/Additions
Re‐Roof ea $                  181 $                  190 $                  198 < 500 sqft ea $              1,632 $              1,714 $              1,786 Patio Cover/Deck/Porch/Carport ea $                  907 $                  952 $                  992 Other
Pool/Spa ‐ Residential ea $              1,451 $              1,523 $              1,587 Pool/Spa ‐ COM Permit Processing ea $                  544 $                  571 $                  595 Pool/Spa ‐ COM Plan Check & Est. Inspections hrly $                  181 $                  190 $                  198 Demolition ea $                  453 $                  476 $                  496 Retaining Wall Permit Processing ea $                  181 $                  190 $                  198 Retaining Wall Plan Check & Est. Inspections hrly $                  181 $                  190 $                  198 Signs ‐ Major Permit Processing ea $                  725 $                  762 $                  794 COMMUNITY DEVELOPMENT ‐ BUILDING DIVISION
BUILDING PERMIT‐ PLAN CHECK ‐ FLAT FEES ‐ INSPECTION DEPOSITS Description
Flat Fees

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CITY OF EL PASO DE ROBLES

COMPREHENSIVE FEE SCHEDULE
Community Development - Building Division
Unit Adopted Fee
FY 2021‐22
Adopted Fee
FY 2022‐23
Proposed Fee
FY 2023‐24
COMMUNITY DEVELOPMENT ‐ BUILDING DIVISION
BUILDING PERMIT‐ PLAN CHECK ‐ FLAT FEES ‐ INSPECTION DEPOSITS Description
Signs ‐ Major Plan Check & Est. Inspections hrly 181 $ $ 190 $ 198 Signs ‐ Minor ea 363 $ $ 381 $ 397 Foundation Repair ea 725 $ $ 762 $ 794 Commercial Re‐Roof ea 725 $ $ 762 $ 794 Cell Site ea 1,451 $ $ 1,523 $ 1,587 Commercial Hood ea 907 $ $ 952 $ 992 Production/Tract Housing‐ SFR ea ‐ $ 4,258 $ 4,435 Production/Tract Housing‐ SFR and ADU ea ‐ $ 5,018 $ 5,227 ADU Flat Fee (Based on Stock Plan) ea ‐‐ $ 3,230 ea $ 725 $ 762 $ 794 Single Family/Detached Dwelling ea $ 2,720 $ 2,856 $ 2,976 Each Additional Unit ea $ 907 $ 952 $ 992 < 5,000 sqft ea $ 3,083 $ 3,237 $ 3,373 5,000 sqft to 10,000 sqft ea $ 4,533 $ 4,760 $ 4,960 10,001 sqft to 50,000 sqft ea $ 6,347 $ 6,664 $ 6,944 50,001 sqft to 100,000 sqft ea $ 9,974 $ 10,472 $ 10,912 > 100,000 sqft (for each add'l 25,000 sqft) ea $ 2,720 $ 2,856 $ 2,976 < 5,000 sqft ea $ 1,451 $ 1,523 $ 1,587 Permit Processing Fees
Residential Addition/Remodel ‐ 500sqft or More
Residential ‐ New
Commercial/Industrial ‐ New
Commercial/Industrial ‐ Shell Only

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CITY OF EL PASO DE ROBLES

COMPREHENSIVE FEE SCHEDULE
Community Development - Building Division
Unit Adopted Fee
FY 2021‐22
Adopted Fee
FY 2022‐23
Proposed Fee
FY 2023‐24
COMMUNITY DEVELOPMENT ‐ BUILDING DIVISION
BUILDING PERMIT‐ PLAN CHECK ‐ FLAT FEES ‐ INSPECTION DEPOSITS Description
5,000 sqft or more (for each add'l 5,000 sqft) ea 363 $ $ 381 $ 397 Major ea 2,176 $ $ 2,285 $ 2,381 Minor ea 1,088 $ $ 1,142 $ 1,190 Up to 10 Rooms ea 5,440 $ $ 5,712 $ 5,952 11 Rooms or More (for each add'l room) ea 181 $ $ 190 $ 198 Hotel Amenities ‐ Est. Processing Hours hrly $ 181 $ 190 $ 198 ea $ 725 $ 762 $ 794 Single Family/Detached Dwelling ea $ 2,720 $ 2,856 $ 2,976 Each Additional Unit ea $ 907 $ 952 $ 992 < 5,000 sqft ea $ 3,083 $ 3,237 $ 3,373 5,000 sqft to 10,000 sqft ea $ 4,533 $ 4,760 $ 4,960 10,001 sqft to 50,000 sqft ea $ 6,347 $ 6,664 $ 6,944 50,001 sqft to 100,000 sqft ea $ 9,974 $ 10,472 $ 10,912 > 100,000 sqft (for each add'l 25,000 sqft) ea $ 2,720 $ 2,856 $ 2,976 < 5,000 sqft ea $ 1,451 $ 1,523 $ 1,587 5,000 sqft or more (for each add'l 5,000 sqft) ea $ 363 $ 381 $ 397 Inspection Deposits
Residential Addition/Remodel ‐ 500sqft or More
Residential ‐ New
Commercial/Industrial ‐ New
Commercial/Industrial ‐ Shell Only
Hotel/Motel
Commercial/Industrial ‐ Tenant Improvement

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CITY OF EL PASO DE ROBLES

COMPREHENSIVE FEE SCHEDULE
Community Development - Building Division
Unit Adopted Fee
FY 2021‐22
Adopted Fee
FY 2022‐23
Proposed Fee
FY 2023‐24
COMMUNITY DEVELOPMENT ‐ BUILDING DIVISION
BUILDING PERMIT‐ PLAN CHECK ‐ FLAT FEES ‐ INSPECTION DEPOSITS Description
Major ea $ 2,176 $ 2,285 $ 2,381 Minor ea $ 1,088 $ 1,142 $ 1,190 Up to 10 Rooms ea $ 5,440 $ 5,712 $ 5,952 11 Rooms or More (for each add'l room) ea $ 181 $ 190 $ 198 Hotel Amenities ‐ Est. Inspection Hours hrly $ 181 $ 190 $ 198 hrly $ 181 $ 190 $ 198 Research per 1/2 hr $ 91 $ 95 $ 99 Service Required in Excess of Standard hrly $ 181 $ 190 $ 198 hrly $ 181 $ 190 $ 198 hrly $ 181 $ 190 $ 198 Supplemental Inspection Fee hrly $ 181 $ 190 $ 198 Emergency (Non‐scheduled) Call‐Out Fee 4 hr min $ 725 $ 761 $ 793 After Hours (Scheduled) Call‐Out Fee 2 hr min $ 363 $ 381 $ 397 Each Additional Hour hrly $ 181 $ 190 $ 198 per 1/2 hr $ 91 $ 96 $ 100 per 1/2 hr
+ costs $ 91 $ 96 $ 100 1 hr min $ 181 $ 190 $ 198 Reactivation of Dormant Permit 4 hr min $ 725 $ 761 $ 793 Code Modifications / Interpretations 1 hr min $ 181 $ 190 $ 198 Request to work outside normal hours of construction
Duplication of Plans
Hotel/Motel
Other Miscellaneous Fees
Board of Appeals Hearing
Special Submittal or Addendum
Supplemental Plan Check Fee
Application/Permit Extension
Commercial/Industrial ‐ Tenant Improvement

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CITY OF EL PASO DE ROBLES

COMPREHENSIVE FEE SCHEDULE
Community Development - Building Division
Unit Adopted Fee
FY 2021‐22
Adopted Fee
FY 2022‐23
Proposed Fee
FY 2023‐24
COMMUNITY DEVELOPMENT ‐ BUILDING DIVISION
BUILDING PERMIT‐ PLAN CHECK ‐ FLAT FEES ‐ INSPECTION DEPOSITS Description
Change of Design Professional / Contractor per 1/2 hr $ 91 $ 96 $ 100 Work without a Permit 2 hr min $ 362 $ 381 $ 397 General Plan Maintenance Fee 3%1 formula fee formula fee formula fee AB717 Fee (Education) 1%2 formula fee formula fee formula fee Strong Motion Instrumentation Program (SMIP) valu3 formula fee formula fee formula fee Notes:
(1) Flat Fees Include: Plan Check, Inspections & Permit Processing (AB717, Permit Automation, Nexus Study Fee, General Plan Maintenance, SB1473 & SMIP to be included when applicable). (2) Minor Residential MPE Permits include: Building Fee, AB717, Permit Automation, Nexus Study Fee, General Plan Maintenance & SB1473 (has to total the flat rate per council). (3) Per AB1414, residential solar permits cannot exceed $450 (+ $15 per kW above 15). Commercial solar permits cannot exceed $1,000 (+ $7 per kW between 51 & 250, $5 per kW above 250).

Definitions:

1. Percentage of permit issuance fee

2. Percentage of building fee

3. Valuation calculation

4. Single Family Residence

5. Accessory Dwelling Unit
Unit Acronyms:
ea ‐ Each
hr ‐ Hour(s)
hrly ‐ Hourly
min ‐ Minimum
valu ‐ Valuation

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CITY OF EL PASO DE ROBLES

COMPREHENSIVE FEE SCHEDULE
Community Development - Engineering Division
Description Unit Adopted Fee
FY 2021‐22
Adopted Fee
FY 2022‐23
Proposed Fee
FY 2023‐24
Engineering Standard Hourly Rate hrly $                  202 $                  212 $                  221 Deposits
Private Well Application deposit1 deposit deposit deposit Grading Fees
Grading‐  Residential / Commercial Stand Alone ‐ Issuance ea 91 $                     $                    95 $                    99 Grading ‐ Residential Stand Alone Inspection
Grading INSP <50 CY ea 91 $                     $                    95 $                    99 Grading INSP 51 ‐ 500 CY ea 136 $                   $                  143 $                  149 Grading INSP 501 ‐ 1,000 CY ea 181 $                   $                  190 $                  198 Grading INSP 1,001 ‐ 5,000 CY ea 272 $                   $                  286 $                  298 Grading INSP 5,000 ‐ 10,000 CY ea $                  363 $                  381 $                  397 Grading INSP 10,000 CY+ (ea add'l 5,000 CY), FLAT ea $                  181 $                  190 $                  198 Encroachment Fees
Encroachment ‐ Minor ea $                  102 $                  107 $                  112 Encroachment ‐ Major ea $                  408 $                  429 $                  447 Encroachment ‐ Major Inspection Deposit deposit1 deposit deposit deposit Encroachment ‐ Standard ea 408.18 $             $                  429 $                  447

1. Time tracking at standard engineering rate
ENGINEERING PERMIT‐ PLAN CHECK ‐ INSPECTION FEES
COMMUNITY DEVELOPMENT ‐ ENGINEERING DIVISION

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CITY OF EL PASO DE ROBLES

COMPREHENSIVE FEE SCHEDULE
Community Development - Planning Division
Description Unit Adopted Fee
FY 2021‐22
Adopted Fee
FY 2022‐23
Proposed Fee
FY 2023‐24
Planning Standard Hourly Rate hrly $ 188 $ 198 $ 206 ABC License ‐ Public Necessity Finding ea $ 725 $ 761 $ 793 Oak Tree Removal (Staff Level‐ Dead Tree) ea $ 218 $ 229 $ 239 Oak Tree Removal (Council Hearing) ea $ 655 $ 688 $ 716 Temporary Use Permit ea $ 181 $ 190 $ 198 Site Plan Review Minor / Historic Cert. No Effect ea $ 218 $ 548 $ 571 Site Plan Review Major ea $ 655 $ 1,006 $ 1,048 Appeal ea $ 218 $ 229 $ 239 Street Name Change ea $ 655 $ 688 $ 716 Lot Line Adjustment ea $ 1,310 $ 1,375 $ 1,433 Time Extension / Historic Cert. of Appropriateness ea $ 1,310 $ 1,375 $ 1,433 Original Art Mural Application ea $ 1 $ 1 $ 1 Vintage Art Mural Application ea $ 1 $ 1 $ 1 Original Art Installation Application, Plan Check and
Permitting
ea ‐ $ 1 $ 1 Public Improvement Waiver or Deferral ea $ 655 $ 688 $ 716 Planning Entitlements ‐ CC Resolution 06‐0128 deposit3 deposit deposit deposit General Plan Maintenance Fee 3%1 formula fee formula fee formula fee Permit Automation 5%1 formula fee formula fee formula fee Nexus Study Fee 0.2%1 formula fee formula fee formula fee SB1473 (State Fee) valu2 formula fee formula fee formula fee Electronic Archiving ‐ Size A&B pg $ 0.20 $ 0.20 $ 0.20 Electronic Archiving ‐ Size C pg $ 0.45 $ 0.45 $ 0.45 COMMUNITY DEVELOPMENT ‐ PLANNING DIVISION

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CITY OF EL PASO DE ROBLES

COMPREHENSIVE FEE SCHEDULE
Community Development - Planning Division
Description Unit Adopted Fee
FY 2021‐22
Adopted Fee
FY 2022‐23
Proposed Fee
FY 2023‐24
COMMUNITY DEVELOPMENT ‐ PLANNING DIVISION
Electronic Archiving ‐ Size D&E pg $ 2 $ 2 $ 2 Record Management Fee ea $ 15 $ 15 $ 15 Definitions:

1. Percentage based on permit fee

2. Percentage based on valuation

3. Time tracking at planning rate

4. Based on the current adopted Cal Trans Schedule‐ hourly rate Unit Acronyms:
ea ‐ Each
hrly ‐ Hourly
pg ‐ Page
valu ‐ Valuation

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CITY OF EL PASO DE ROBLES

COMPREHENSIVE FEE SCHEDULE
Public Works - Airport
Description Unit Adopted Fee
FY 2021‐22
Adopted Fee
FY 2022‐23
Proposed Fee
FY 2023‐24
Transient Aircraft Parking ‐ Single Engine night $                        7  $                        7  $                        7 Transient Aircraft Parking ‐ Twin Engine night $                      10  $                      10  $                      10 Based Aircraft Parking ‐ Single Engine mon $                      50  $                      50  $                      50 Based Aircraft Parking ‐ Twin Engine mon $                      75  $                      75  $                      75 Commercial Operation Landings Under 20,000 lbs land $                      15  $                      15  $                      15 Commercial Operation Landings Under 20,000 lbs daily
max
$                      40  $                      40  $                      40 Commercial Operation Landings Under 20,000 lbs
monthly max
$                   180  $                   180  $                   180 Commercial Operations Landings 20,001‐26,000 lbs land $                      30  $                      30  $                      30 Commercial Operations Landings 26,001‐35,000 lbs land $                      40  $                      40  $                      40 Commercial Operations Landings 35,001‐50,000 lbs land $                   110  $                   110  $                   110 Commercial Operations Landings 50,001‐70,000 lbs land $                   140  $                   140  $                   140 Commercial Operations Landings 70,001‐90,000 lbs land $                   155  $                   155  $                   155 Commercial Operations Landings 90,001‐120,000 lbs land $                   180  $                   180  $                   180 Commercial Operations Landings 120,001‐150,000 lbs land $                   195  $                   195  $                   195 Enplanement pass $                        2  $                        2  $                        2 Terminal Use / Boarding flt $                      35  $                      35  $                      35 Long‐term Parking Passenger Car mon $                      40  $                      40  $                      40 Long‐term Parking Trucks or Larger mon $                      55  $                      55  $                      55 Airport Operating Permit per activity or impact level, 0‐ 100, with annual max of 1,200 activities
mon $                      15  $                      15  $                      15 Airport Operating Permit per activity or impact level, 101‐ 500, with annual max of 6,000 activities
mon $                      35  $                      35  $                      35 Airport Operating Permit per activity or impact level, 501 or more activities
mon $                   310  $                   310  $                   310 PUBLIC WORKS ‐ AIRPORT

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COMPREHENSIVE FEE SCHEDULE
Public Works - Airport
Description Unit Adopted Fee
FY 2021‐22
Adopted Fee
FY 2022‐23
Proposed Fee
FY 2023‐24
PUBLIC WORKS ‐ AIRPORT
Fuel Flowage (AvGas) gal $ 0.07 $ 0.07 $ 0.07 Fuel Flowage (Jet Fuel) gal $ 0.09 $ 0.09 $ 0.09 Fuel Facilities Development (all Fuels) gal $ 0.03 $ 0.03 $ 0.03 Unit Acronyms:
flt ‐ Flight
gal ‐ Gallon
land ‐ Landing
mon ‐ Month
pass ‐ Passenger

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COMPREHENSIVE FEE SCHEDULE
Utilities - Water and Wastewater
Description Adopted Fee
FY 2021‐22
Adopted Fee
FY 2022‐23
Proposed Fee
FY 2023‐24
Utilities Maintenance Standard Hourly Rate 185 $                      $                     195 $                     203 Equipment Use Fees1 formula fee  formula fee  formula fee Special Door Hanger $                       53 $                       55 $                       58 Routine Door Hanger 41 $                        $                       43 $                       45 PENALTY Water Meter Lock Tampering ‐ 1st Offense (plus
labor and materials costs for repairs or equipment
replacement)
$                       76 $                       80 $                       83 PENALTY Water Meter Lock Tampering ‐ 2nd Offense (plus
labor and materials costs for repairs or equipment
replacement)
$                     116 $                     122 $                     127 PENALTY Customer Damage to Water Meter (plus labor and
materials costs for repairs or equipment replacement) $                     153 $                     161 $                     168 Meter Re‐read $                       47 $                       49 $                       51 Bench/Calibration Test $                     229 $                     241 $                     251 After Hours Connection‐ New customer $                       89 $                     102 $                     125 <30 days Hydrant Meter Rental $                     130 $                     136 DISCONTINUE Hydrant Meter Deposit $                     765 $                     765 $                  1,500 Hydrant Meter Set ‐‐ $                     203
Hydrant Meter Relocation $                     177 $                     185 $                     101 New Account Activation (Turn‐On) $                       53 $                       55 $                       58 New Account Deposit $                     116 $                     122 $                     127 Service Restoration (due to non‐payment or unauthorized use)‐ 8:00 A.M. to 3:30 P.M. 2 $                       52 $                       54 $                       57 Service Restoration‐after hours (due to non‐payment or
unauthorized use)‐ 3:31 P.M. to 7:59 A.M. 2 $                     156 $                     163 $                     170 UTILITIES ‐ WATER AND WASTEWATER

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COMPREHENSIVE FEE SCHEDULE
Utilities - Water and Wastewater
Description Adopted Fee
FY 2021‐22
Adopted Fee
FY 2022‐23
Proposed Fee
FY 2023‐24
UTILITIES ‐ WATER AND WASTEWATER
Water Meter Fees3
Install meter only ‐ 3/4" $ 179 $ 179 $ 392 Install meter only ‐ 1" $ 219 $ 219 $ 473 Install meter only ‐ 1.5" $ 1,290 $ 1,290 $ 1,464 Install meter only ‐ 2" $ 1,336 $ 1,336 $ 1,598 Tie Into Water Main (based on specific labor, equipment, and material costs) Time/Materials Time/Materials Time/Materials

1. Based on the current adopted Cal Trans Schedule‐ hourly rate

2. Per Senate Bill 998

3. Water meter fees prior to FY 2023‐24 adopted by RESO 13‐076. Although fees prior to FY 2023‐24 were not previously included in the Comprehensive Fee Schedule, prior year's water meter fees are included in the prior year's fee columns for comparison purposes.

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Exhibit B
1000 Spring Street • Paso Robles, California 93446

CITY OF EL PASO DE ROBLES
“The Pass of the Oaks”
Notice of Public Hearing
City of Paso Robles - City Council
NOTICE IS HEREBY GIVEN that the City Council of the City of El Paso de Robles will hold a Public Hearing on Tuesday, June 20, 2023, at 6:30 p.m. concerning adoption of a resolution imposing proposed fee amendments in an effort to promote cost recovery for services provided. The proposed amendments include fees within the following departments:
• Police; and
• Emergency Services; and
• Community Development, Building Division; and
• Public Works, Airport Division
• Utilities; and
At the public hearing, members of the public will be afforded an opportunity to make oral presentations concerning the proposed fees. Copies of the staff report and resolution describing the proposed fees will be available for review at the City Clerk’s Office at City Hall (1000 Spring Street) and on the City’s website at https://www.prcity.com no later than 72 hours preceding the hearing (copies are available for purchase for the cost of reproduction).

Questions about the proposed fees may be directed to the Administrative Services Department at (805) 237-3999 or via email at [email protected].

If you challenge the proposal in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

The City has returned to hybrid public meetings pursuant to AB 361, which allows for a deviation from the teleconference rules required by the Ralph M. Brown Act. Residents now have the option to attend the meeting in person or to participate remotely.

To participate remotely, residents can listen to the meeting live on the radio at 1230AM or livestream the meeting at www.prcity.com/youtube, and call (805)865-7276 to provide public comment via phone. The phone line will open just prior to the start of the meeting and remain open throughout the meeting to ensure the opportunity to comment on each item heard by the Council. Written public comments can be submitted via email to [email protected] prior to 12:00 noon on the day of the Council meeting to be posted as an addendum to the Agenda. If submitting written comments in advance of the meeting, please note the agenda item by number or name.

City Council meetings will be live-streamed during the meeting and also available to play later on YouTube by accessing the following link: www.prcity.com/youtube.

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Council Agenda Report
From: Katie Banister, Associate Planner
Subject: Peterbilt Truck Dealership development plan and off-site billboard sign CUP – A development plan for the construction of a 25,000 square-foot semi-truck service, parts retailer, and sales dealership; a rezoning to expand the Highway-Oriented Sign overlay district; construction of a new highway-oriented pole sign; and construction of a new billboard sign to replace an existing billboard sign (PD22-02, RZN22-03, CUP22-16, P22- 0017 and CUP23-03, P23-0019).

CEQA Determination: The City prepared Mitigated Negative Declaration SCH 2022090384, which contains mitigation measures that will reduce the environmental impact of the project to a less than significant level
Date: June 20, 2023
Facts

1. An application for Planned Development 22-02, Rezone 22-03, and Conditional Use Permit 22-16 (P22- 0017), was filed by Archer Paso Robles, LLC to construct a 25,000 square-foot building and a highwayoriented sign at 2805 Theatre Drive (see Vicinity Map, Attachment 1).

2. An application for Conditional Use Permit 23-03 was filed by Outfront Media to construct a new offsite billboard sign to replace an existing billboard on the site (P23-0019).

3. The site has a General Plan land use designation of Regional Commercial (RC) and is in the Commercial Highway zoning district with Planned Development zoning overlay (C2-PD).

4. Vehicle sales (of new vehicles and up to 25 percent used vehicles, and including auto service as an accessory use) are an allowed use in the C2 zoning district.

5. Billboard signs are a conditionally allowed use on properties that are “adjacent to the 101 or 46 Corridors” including those “separated by frontage roads.”

6. The purpose and intent of the planned development (PD) district zoning overlay is to provide for innovation and flexibility in the design of residential, commercial and industrial developments.

Approval of a development plan is required for all development in the planned development overlay district.

7. The subject site is 6.6 acres; the project would utilize 4.1 acres and leave 2.5 acres for future development.

8. The Development Review Committee (DRC) reviewed the design of the Peterbilt project at their meeting on August 8, 2022, and forwarded the project to Planning Commission with a request for images of the existing Peterbilt pole sign (across the freeway on Ramada Drive) illuminated at night, and plans showing how the project will interact with a new mini-storage use proposed on the lot to the west.

9. In compliance with the California Environmental Quality Act (CEQA), an initial study and mitigated negative declaration (SCH 2022090384) were prepared for the project and circulated between September 21 and October 11, 2022.

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10. The project was scheduled for a public hearing at the Planning Commission on October 11, 2022. On the day of the hearing, the City received a letter from Outfront Media (see Exhibit E of Resolution A), which owns an existing billboard on the property that was proposed for removal with the project. The letter indicated actions taken by the City that resulted in the removal of the billboard would violate the 5th Amendment of the US Constitution and would be considered a taking requiring just compensation as defined in eminent domain law. The hearing was postponed to a future meeting in order for the City to prepare a response.

11. The Development Review Committee reviewed the design of a replacement billboard sign on April 17, 2023. The Development Review Committee members forwarded the project to the Planning Commission with a request for additional photographs of the existing billboard sign.

12. In compliance with CEQA, the City amended and recirculated Initial Study and Mitigated Negative Declaration SCH 2022090384 between May 12, 2023 and June 2, 2023.

13. The Planning Commission held a public hearing on May 23, 2023, and considered the facts as presented in the staff report prepared for this project, accepted public testimony regarding the project, and approved four resolutions unanimously recommending the City Council approve the project.

Community Outreach
The following notices for public hearings were produced and distributed three times for the project (for the October 11, 2022 Planning Commission Meeting; the May 23, 2023 Planning Commission Meeting, and this June 20, 2023 City Council meeting):
• Legal advertisement in the San Luis Obispo Tribune Newspaper 10 days before the hearing; • Notice mailed to owners and occupants within 300 feet of the project; • Emails to interested parties in the Rancho Paso neighborhood; and • Site notices posted on the property.

Options

1. Approve the project by the following actions:
a. Adopt Resolution 23-XXX (A) certifying Mitigated Negative Declaration 2022090384 and adopting a Mitigation Monitoring Program; and
b. Introduce for first reading, by title only, Ordinance N.S. XXXX amending the map of the HighwayOriented Sign overlay district to include the subject property; and c. Adopt Resolution 23-XXX (B) approving Development Plan 22-02 for a Peterbilt Sales and Service Center and Conditional Use Permit 22-16 for a highway-oriented sign; and d. Adopt Resolution 23-XXX (C) approving Conditional Use Permit 23-03 for the construction of a new billboard sign.

2. Approve the project with modifications to the listed resolutions and ordinance.

3. Refer the project back to staff or the Planning Commission for additional analysis.

4. Deny the project by adopting findings of denial.

Analysis and Conclusions
The project is the development of a vacant lot at the southern boundary of the City at the intersection of Theatre Drive and Nutwood Circle. The lot was formerly used for manufactured home sales. There is an existing billboard on the site. The project would replace an existing Peterbilt facility at 3030 Ramada Drive across Highway 101 in the County of San Luis Obispo. The project includes:
• 25,000 square-foot building
o Sales: ~13,940 square feet
o Service: ~11,060 square feet

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• 47 automobile parking spaces
• Outdoor truck sales display
• Truck parking
• Highway-oriented sign
• Replacement of an existing billboard sign with a new billboard sign.

Peterbilt
General Plan Consistency
The project is in the Regional Commercial General Plan land use designation (RC). The purpose of the RC is to “provide for the retail shopping needs of the City and region.” Typical uses in the RC include “general merchandise, department stores, clothing, office supplies and stationary, autos and recreational vehicles, and electronic items, gasoline service stations.” The proposed use is a vehicle sales and repair use, which is consistent with typical uses for the area.

Zoning Ordinance
The site is in the Highway Commercial zoning district with a Planned Development overlay (C2 PD), where new vehicle sales (including auto service as an accessory use) is an allowed use.

The intent and purpose of the Planned Development overlay district include:
 Encouragement of creative and higher quality development design through allowed flexibility in project design while providing for essential development standards;  Ensuring quality of overall project design, architectural treatment, and appropriate use of color and materials; and
 Encouragement of projects that are compatible with surrounding development.

The proposed project follows the standard corporate design for the Peterbilt Corporation and is similar in character to other vehicle-sales uses on Theatre Drive, including both the Kia and Chevrolet dealerships, which utilize metal siding and a similar modern design.

Development Standards
The project meets the development standards of the C2 district including building height, setbacks, and parking.

Nutwood Street Maintenance Agreement
The project is adjacent to and takes access from Nutwood Avenue and private, non-maintained street.

The project is conditioned (planned development plan Conditions of Approval #16) to enter into a street

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maintenance agreement with the neighboring commercial property owners (Doug Ayres and Andy Brown) prior to the issuance of building permits.

Signage
The project proposes a total of six wall-mounted signs on three sides of the building. Cumulatively, the signs do not exceed the maximum sign area permitted (107 square
feet proposed where 363 square feet are allowed).

In addition, the applicant is proposing a highway-oriented sign. Paso Robles Municipal Code (PRMC) 21.19.030.R.
defines a highway-oriented sign as a “freestanding sign exceeding six feet in height, located on designated
properties . . . near the intersection of State Highway 101 and 46, that identifies tourist-oriented businesses, such as gasoline service stations, restaurants, motels and regional commercial uses and is located on the same property as
the business it identifies.” These signs are conditionally allowed only in the Highway-Oriented Sign overlay
district, as shown hatched in red on the map to the right, which does not currently include the subject property
(outlined in blue). (PRMC 21.19.040.H.)
The applicant has requested the City expand the zoning
overlay district to allow the installation of a highwayoriented sign for Peterbilt. Ordinance XXXX (Attachment 6) would rezone the property to include the HighwayOriented Sign overlay district.

The applicant has provided a proposed design for a
highway-oriented sign to be located at the corner of Theatre Drive and Nutwood Circle. As an alternative, the design for a 6-foot tall monument sign is also included, however, the applicant would prefer to construct the highway-oriented sign.

Paso Robles Municipal Code 21.19.040.H directs the City to:
• “limit the number, height and visual impact of highway-oriented signs when considering the CUP”; • Discourage pole signs “if adequate signage can be provided on the sides of buildings and in the form of monument signs”;
• Strongly encourage “Combining multiple signs onto one single pole”; and • Limit height of highway-oriented sign to the lowest practicable elevation.

The overall height of the proposed highway-oriented sign is 35 feet, with an 8-foot tall, 152 square-foot, oval sign face. In comparison, the highway-oriented sign for the Target Center, which has signage for 7 stores, is 36 feet in height. The vintage sign for the River Lodge is 45 feet in height. The Kia Dealership sign is 28 feet tall. Proposed Mitigation Measure AES-2 would limit the height of the highway-oriented sign for Peterbilt to a maximum of 30 feet in height, which is in keeping with similar signs for auto dealerships on Theatre Drive and would match the height of the reconstructed billboard sign. Mitigation Measure AES-3 would require any future highway-oriented sign for a business developed in the southern portion of the Highway-Oriented Sign Overlay District

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lot to be collocated on the same sign structure as the sign for Peterbilt to reduce the number of signs and to provide a buffer between a future sign and the residential neighborhood to the south.

There are currently 7 highway-oriented signs in the approximately 4,600 feet of Theatre Drive between Highway 46W and the southern city limit, which is an average of 1 sign every 660 feet. The nearest highway-oriented sign is at Daylight Gardens (2745 Theatre Drive), approximately 230 feet north of where the applicant proposes the Peterbilt pole sign. This is closer than average for highway-oriented signs on Theatre Drive.

The applicant has also provided drawings for a monument sign should the highway-oriented sign not be approved.

Approval of Resolution B (attachment 7) would approve the design of a freestanding sign for Peterbilt.

Alternative Monument Sign Requested Highway-Oriented Sign (Pole Sign) (not to scale)
Existing Billboard reconstruction - conditional use permit There is an existing billboard on the site, which is owned and operated by Outfront Media. The billboard is 22 feet in height with 10 feet of clear space below the sign faces. There are two 12-foot tall, 25-foot wide signs facing north and one 10-foot tall and 40-foot wide sign facing south. The sign predates the annexation of the property into the City in 2002.

Staff originally recommended the billboard sign be removed with the Peterbilt project because it would have impeded the sidewalk to be constructed with the project. The recommendation was also based on 35 feet
requested
(project
conditioned to
30 feet to match
billboard
height)

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policies of the General Plan Conservation Element, which identify the full length of Highway 101 as a visual corridor, where “development shall be designed to make a positive visual impression” and “Billboards shall be limited in number.” Action Item 2 of General Plan Land Use Element Policy LU-2B includes “Enhancing views along highways, roads, streets, and rail corridors with landscaping, building setbacks, enhanced architecture and signage/monuments.” Outfront Media has objected to the removal of their billboard and has notified the City they would expect “just compensation under the state’s Outdoor Advertising Act (Bus. & Prof. Code § 5200 et seq.), the state’s Eminent Domain laws, and due to Outfront’s loss of goodwill” should the City cause the sign to be removed (see Exhibit E of Resolution A).

City staff and the Planning Commission are now recommending approval of Conditional Use Permit 23-03 to allow the construction of a new billboard consistent with the requirements of PRMC 21.19.040.D., which include that the billboard shall be:
• Located adjacent to Highway 101 or 46 (or separated by a frontage road only); • Located within a commercial or industrial zoning district; • Also permitted by a Caltrans billboard permit, if required by Caltrans; • Spaced no closer than 1,000 feet from another billboard on the same side of the highway; • Spaced so no more than 3 billboards are located within a one-mile stretch of highway; • No more than 300sf in sign area (per side);
• No taller than 30 feet in height;
• Constructed of metal or similar quality construction materials; • Landscaped at the base;
• Static copy (no electronic reader displays or changeable copy); • Lit by indirect and shielded lighting; and
• Set back at least one foot from the highway for every foot of sign height.

The following mitigation measures would address potential aesthetic impacts of the billboard:
• AES-1 would require shielding of any lights on the billboard, so the light source is not visible from adjacent roadways or properties zoned for residential use. • AES-4 would require landscaping and street trees along the entire property frontage.

Northbound View of the Project with Billboard and Highway-Oriented Signs The proposed billboard would meet all required standards. It would be 30 feet in height with one 300 square foot (10 feet tall by 30 feet wide) sign face facing each direction. Overall, the proposed billboard

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is taller than the existing sign with reduced sign area than the existing. Draft conditions of approval would require the billboard to be setback 10 feet from the front property line. Approval of Resolution C (Attachment 8) would allow the existing billboard to be replaced.

Landscaping
The proposed landscape plan meets the required depth of landscaping on all property lines but does not provide the required number of shade trees in the parking area. The DRC reviewed the landscape plan and recommended additional shade trees are not required in the parking area. The Planning Commission recommended the landscaping plan be amended to require perimeter landscaping around the drainage swale south of the parking lot. Resolution B now includes condition of approval number 12 requiring this landscaping.

Fencing and Outdoor Storage
The applicant proposes 6-foot tall black metal fencing around the perimeter of the project. Paso Robles Municipal Code 21.20.140 restricts fencing in front yards to 3 feet in height unless the DRC or Planning Commission approve a decorative fence up to 6 feet in height, provided the fence is “constructed in a manner to allow reasonable visibility through it.” The Planning Commission recommends the fence be approved at a 6-foot height because it would be constructed of black metal tubular material and would allow a good deal of visibility through it. Staff has added a condition of approval to prohibit banner signs from being hung from the fence.

Proposed fence materials
Oak Trees
The project includes the removal of three 4-inch diameter oak trees, which fall below the threshold of protected oak trees in the City. All mature oak trees on the site will be preserved with the project.

Noise
The project includes the movement and repair of large diesel trucks in proximity to existing residential uses. A Noise Study was prepared for the project and is included as Attachment 7 to the Mitigated Negative Declaration (Exhibit A of Draft Resolution A). The study found there is potential for the project to exceed noise levels allowed by the Noise Ordinance and recommended 4 mitigation measures, which are expected to reduce noise to below maximum allowed levels. Mitigation Measure N-1 would limit hours of operation for the business. Measure N-2 would require service bay doors on the south and west sides of the building to be closed when air hammer equipment is in use. Measure N-3 requires all air hammer and hydraulic lifts to be operated indoors. Measure N-4 would require analysis of any proposed public address system.

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Vacant Area Development Potential
The project is proposed on a 6.6-acre lot and would leave approximately 2.5 acres of land undeveloped south of the Peterbilt project. The applicant has indicated the area will likely be used in the future by a separate business, but no specific development plan has been proposed. One of the purposes of the PD overlay district is to require master planning of larger site, so adjacent developments are compatible. The DRC discussed whether a conceptual development plan was needed for the remainder area of the lot, but determined that due to the relatively large size of the vacant area, only a written description of the development potential of that area would be needed. The applicant has provided a narrative describing future potential, which is included as Attachment 4.

Fiscal Impact
There is no direct fiscal impact to the City by approving the project. However, the project is a semi-truck sales and service provider. The sales of trucks and truck parts are subject to the payment of sales tax, which will have a positive impact on the City’s revenues as conditioned with the requirement that all Nutwood Avenue maintenance be the responsibility of the adjoining commercial properties.

CEQA
The project is not eligible for an exemption from CEQA, so an initial study and mitigated negative declaration (MND) (SCH 2022090384) were prepared for the project and circulated between September 21, 2022 and October 11, 2022. The City received four comment letters before the end of that circulation period, which are included as Exhibits B-E of Resolution A. Based on the receipt of new information related to the billboard, the City redrafted and recirculated the MND between May 12 and June 2, 2023 with amended mitigation measures.

Recommendation
It is recommended that City Council approve the following actions:
a. Adopt Resolution 23-XXX (A) certifying Mitigated Negative Declaration 2022090384 and adopting a Mitigation Monitoring Program; and
b. Introduce for first reading, by title only, Ordinance N.S. XXXX amending the map of the HighwayOriented Sign overlay district to include the subject property; and c. Adopt Resolution 23-XXX (B) approving Development Plan 22-02 for a Peterbilt Sales and Service Center and Conditional Use Permit 22-16 for a highway-oriented sign; and d. Adopt Resolution 23-XXX (C) approving Conditional Use Permit 23-03 for the construction of a new billboard sign.

Attachments

1. Vicinity Map

2. Project Description

3. Composite Site Plan with Mini-Storage

4. Remainder Area Development Potential

5. Resolution 23-XXX (A)

6. Ordinance XXXX

7. Resolution 23-XXX (B)

8. Resolution 23-XXX (C)

9. Full Mitigated Negative Declaration (Exhibit A to Resolution A)

10. Legal Affidavit

11. Mail Affidavit

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Attachment 1
Vicinity Map

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Planning Solutions 1360 New Wine Place Templeton, CA 93465 Planning Solutions
[email protected]
805.801.0453
May 31, 2022
Katie Banister, Project Manager
Community Development Department
City of Paso Robles
1000 Spring Street
Paso Robles, CA 93446
Via email: [email protected]
RE: REVISED Project Description for Peterbilt Project at 2805 Theatre Drive; APN 009-851-022; Compliance with Design Guidelines
Proposed Project
Peterbilt is proposing to develop this 6.6-acre site with a service center for semi-trucks, a retail parts department, and a dealership. The site amenities include offices for employees, a lounge area for customers, an outdoor display area, and customer parking. The on-site circulation provides easy and functional maneuvering for semitrucks, delivery trucks, and service trucks.

Compliance with Commercial and Industrial design Guidelines Site Design Guidelines

1. Site Design
Peterbilt building’s architectural style and profile compliments Daylight Garden, KIA Dealership and the Chevrolet Dealership. The proposed building reflects similar front setbacks to allow display areas of merchandise, building height and form, site layout and on-site circulation and parking.

2. Site Landscaping
Water efficient landscaping is proposed for all areas to be landscaped. The proposed landscaping along Nutwood Circle will showcase a variety of trees, shrubs, and groundcovers in various textures and seasonal colors. The side setback along the Nutwood permits tiered landscaping. This adds interest and creates an elegant frontage along Nutwood Circle. Theatre Drive is design with a variety of flowering groundcovers, small and medium flowering shrubs, and ornamental grasses. Walnut Hills Mutual Water Company requested that no street trees be planted along Theatre Drive due to a water main in the street.

The surrounding area’s landscaping is established with trees, shrubs, and grasses that are not native or water wise. Hopefully this project will inspire future projects in the area to comply with the City’s requirements.

3. Parking Areas
The dominant feature on the site will be the Peterbilt building. Since this is a retail sales site for Peterbilt semi-trucks, the front of the site will be used for displaying their inventory. This is similar to the KIA and Chevrolet Dealerships and Daylight Gardens.

Customer parking is located adjacent to the building and employee parking is located towards the back of the site. EV parking spots are incorporated into the site plan.

Attachment 2

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Planning Solutions 1360 New Wine Place Templeton, CA 93465 Planning Solutions
[email protected]
805.801.0453
Loading docks are provide in the rear half of the site and split on both sides of the building to reduce the repetitive design of service doors.

4. Screening
Theatre Drive and Nutwood Circle will be landscaped with trees, shrubs, and groundcovers softening the visual development of the site. The service bay is set back from the front of the building approximately 50 feet and trailer parking is located against the rear property line.

5. Trash Enclosures
The trash enclosure is located in the rear half of the site, in a screened enclosure, and in an area providing easy maneuverability for garbage trucks.

6. Site Development Constraints
The site has no natural amenities to preserve. It is relatively flat; the site is so level it was difficult for the civil engineer to grade it for proper drainage.

Building Design Guidelines

1. General Building Design and Construction Materials
The building fits in with the surrounding developments – Daylight Gardens, KIA Dealership, Chevrolet Dealership, the RV sales lot and the buildings servicing Debt Pro and the small industrial buildings north of this site. However, the Peterbilt building is of superior quality and aesthetics since the building’s façade has pop-outs, banding, a porte cochere, and accent colors.

2. Entry
The building’s entry is oriented towards Theatre Drive - the predominant public view.

This provides an attractive street frontage.

3. Scale and Massing
The scale of the building is compatible with surrounding development. Vertical and horizontal relief is provided by using color, pop-outs, various textured metal siding, tilt up concrete with pigment, tilt up concrete with a stamped pattern, and a porte cochere.

These elements add interest preventing a monotonous repetitive building façade.

4. Roof Design
The roof is not a dominate feature of the building – it is low profile and any mechanical devices required will be screened from public view.

5. Metal/ Concrete Tilt Up Building Design
The building is articulated with pop-outs, banding, textured panels, and colors that are judiciously mixed to present an attractive metal and tilt up concrete building. The entry incorporates a pop-out feature that emphasizes the entrance.

Attachment 2

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Planning Solutions 1360 New Wine Place Templeton, CA 93465 Planning Solutions
[email protected]
805.801.0453
Signage
The project proposes to install a 35-foot pole sign at the corner of Theatre Dive and Nutwood Circle. Please refer to separate application for a sign Exception per Section

21.19.090.

If you have any questions, please contact me at 805-801-0453 or at [email protected].

Sincerely,
Pamela Jardini J.D.

Planning Solutions
Attachment 2

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City Council Agenda June 20, 2023
Planning Solutions 530 10th St Paso Robles [email protected] Planning Solutions
530 10th Street, Paso Roblles
805.801.0453
Addendum to Project Description
On August 8, 2022, the Peterbilt project was presented to the City of Paso Robles’ Development Review Committee (DRC). DRC requested additional information on the area of the site that is undeveloped. This information is to show that the undeveloped portion of the site is developable in the future. A graphic representation showing parking areas, building(s), landscaping, is not required since the variables are too numerous.

However, a brief discussion explaining that the lot or area can support a separate development project was requested.

Zoning
This property is zoned C2-PD Commercia Highway, but unlike the properties immediately adjacent to the north of the parcel it is not in the Highway Sign overlay area.

Topography
The site is very level. There are no unusual landforms on the site that need to be preserved; non-native plants and weeds are sporadic on-site Potential Development
The site was previously developed with a modular home sales office and display inventory. The properties to the north are within the City of Paso Robles and zoned C2- PD. The property immediately to the west is zoned C2-PD and beyond the adjacent property is Residential Suburban within the County of San Luis Obispo’s jurisdiction.

Property immediately to the south is zoned CR, commercial retail, and RSF, residential single family, and within the jurisdiction of the County of San Luis Obispo. Immediately east of the property is Highway 101.

The vacant portion of the property could be developed with a variety of uses per Table

21.16.200 of the City’s municipal code. Such uses as an animal hospital, wine tasting room, church, cocktail lounge/bar, urgent center, hotel, financial services, offices, and a general merchandise store are a few of the uses that are either permitted or uses that could be approved with a Conditional Use Permit/Discretionary Permit.

Site Development
The site is 6.6 acres of undeveloped land. The portion of the site that will be undeveloped after the Peterbilt development is constructed is approximately 2.47 acres gross. The frontage along Theatre Drive for the undeveloped portion of the site is approximately 292 feet. Future development could have 242 ft. of frontage with a 50- foot-wide entrance/driveway approach. The long “narrow” undeveloped area measures 108 feet in width and 270 feet in length – approximately 0.67 acres. Subtracting the area for the 20-foot easement, the buildable width is 88 feet. For example, a parking lot with perpendicular parking on both side off an aisle easily fits in this area with a landscaping strip. (Parking stall is 20 feet deep; 2 x 20 = 40 feet; aisle width for two-way traffic lanes is 22 feet; a parking lot total width would be 62 feet which leaves 26 feet available for landscaping or 13-foot landscaping strips on the north and south sides of the vacant area; approximately 50 parking spaces.

Attachment 4

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Planning Solutions 530 10th St Paso Robles [email protected] Planning Solutions
530 10th Street, Paso Roblles
805.801.0453
The developable area of the site would is limited by the easements, setbacks and the oak trees on the property. There are two oak trees in the undeveloped area and development is not allowed within the critical root zone of each oak. There are easements on the property along Theatre Drive for road widening purposes and a 20- foot-wide strip along the southerly portion of the undeveloped area for public utilities.

The height limit for a development is 50 feet. Since the property is zoned C2-PD, a Planned development can be submitted to request a waiver of any standards if the Planning Commission can make the appropriate findings.

Subdivision of the Parcel
There are no plans currently to subdivide the parcel. However, DRC requested to know the minimum parcel size and if the parcel could be subdivided. According to the City’ municipal code, the minimum parcel size for a C2 parcel is 5,000 sq. ft. The minimum lot width is 50 feet. The property could be subdivided.

Signage
The existing large billboard sign will be removed – approximately 52 feet in length an illuminated at night.

Photo taken at night
The Peterbilt sign is red with white lettering. The Peterbilt sign is entirely illuminated – the letters and the red background. Similar illuminated signs for Daylight Gardens, Chevrolet Dealership, Sky River Park, and Idlers are located along Theatre Drive; all these signs have illuminated backgrounds and lettering.

Attachment 4

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Attachment 3
Composite Site Plan
Mini-Storage Project and Peterbilt Project

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Attachment 5
RESOLUTION 23-XXX (A)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES CERTIFYING MITIGATED NEGATIVE DECLARATION SCH 2022090384 FOR THE PETERBILT SALES AND

SERVICE CENTER AND OUTFRONT MEDIA BILLBOARD
2805 THEATRE DRIVE / APN: 009-851-022
WHEREAS, an application for Planned Development 22-02, Rezone 22-03, and Conditional Use Permit 22-16 (P22-0017), was filed by Archer Paso Robles, LLC to construct a 25,000 square-foot building and a highwayoriented sign at 2805 Theatre Drive; and WHEREAS, an application for Conditional Use Permit 23-03 was filed by Outfront Media to construct a new billboard to replace an existing billboard on the site (P23-0019); and WHEREAS, the site has a General Plan land use designation of Regional Commercial (RC) and is in the Commercial Highway zoning district with Planned Development zoning overlay (C2-PD); and WHEREAS, vehicle sales (of new vehicles and up to 25 percent or less of used vehicles and including auto service as an accessory use) is an allowed use in the C2 zoning district; and WHEREAS, billboard signs are a conditionally allowed use on properties that are “adjacent to the 101 or 46 Corridors” including those “separated by frontage roads”; and WHEREAS, the purpose and intent of the planned development (PD) district zoning overlay is to provide for innovation and flexibility in the design of residential, commercial, and industrial developments. Approval of a development plan is required for all development in the planned development overlay district; and WHEREAS, the subject site is 6.6 acres; the project would utilize 4.1 acres and leave 2.5 acres for future development; and
WHEREAS, the Development Review Committee (DRC) reviewed the design of the project at their meeting on August 8, 2022 and forwarded the project to Planning Commission with a request for images of the existing Peterbilt pole sign (across the freeway on Ramada Drive) illuminated at night, and plans showing how the project will interact with a new mini-storage use proposed on the lot to the west; and WHEREAS, pursuant to the Statutes and Guidelines of the California Environmental Quality Act (CEQA), Public Resources Code, Section 21000, et seq., and the City’s Procedures for Implementing CEQA, Initial Study and a Mitigated Negative Declaration SCH 2022090384 was prepared and circulated for a 20-day public review period beginning on September 21, 2022 and ending October 11, 2022; and WHEREAS, public notice of the proposed Mitigated Negative Declaration was posted as required by Section 21092 of the California Public Resources Code; and
WHEREAS, the project was scheduled for a public hearing at the Planning Commission on October 11, 2022.

On the day of the hearing, the City received a letter from Outfront Media (Exhibit E), which owns an existing billboard on the property that was proposed for removal with the project. The letter indicated actions taken

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Paso Robles City CouncilJune 20, 2023

Paso Robles City Council
June 20, 2023