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of that payment. If any payment remains unpaid more than forty-five (45) days after its due date, the City shall have the right to terminate this License after five (5) days written notice to Licensee. (b) Licensee gives and grants to City a lien on all fixtures and merchandise located on the Concession Premises at any time from commencement to termination of the Concession License Agreement, and agrees that in the event of any failure on the part of Licensee to comply with this Concession License Agreement, City may take possession of and may sell the same in any manner provided by law, and may credit the net proceeds against any amounts due under the terms of this Concession License, including costs and reasonable attorneys’ fees. Licensee agrees not to remove any fixtures from the Concession Premises without the advance written consent of City.
8. Financial Reporting. On the first day of every three months during the Concession License Term, starting on the first day of the fourth month of the Concession License Term, the Licensee shall provide to City a written report detailing the total gross monthly concession receipts for each month prior to the time of the report, including the amount actually paid to the California Franchise Tax Board for sales taxes. An additional report meeting the same criteria shall be provided to City one month after the last day of the Concession License Term. Any one of these reports will be deemed late if it is not received within ten days of the day it is due.
9. Utilities and Maintenance of the Concession Premises. (a) The City shall pay reasonable costs for the utilities, including water, gas, heat, light, and power supplied to the Concession Premises. The suspension or interruption in utility service to the Concession Premises for reasons beyond the ability or control of the City shall not constitute a default by City or entitle Licensee to any reduction or abatement of the monthly payment due to the City.
(b) Licensee hereby agrees that it has received the Concession Premises in satisfactory condition. Licensee shall clean and maintain the Concession Premises, and shall keep them in clean, orderly, and sanitary condition at all times throughout the License Term. License shall maintain in good sanitary order, and condition, all portions of the Concession Premises including, but not limited to, (a) the interior of the kitchen facilities, including flooring, exposed plumbing, paint and finish; (b) any windows; (c);any personal property of the Licensee situated in or on site; (d) all City-owned kitchen appliances, including but not limited to the stove, grill, dishwasher, ice machine, microwave, refrigerator and freezer; (e) any heating, ventilating or air conditioning equipment installed by Contractor in or on site. Licensee shall clean all glass, and shall sweep and mop the floor of Concession Premises at least once per week. (c) Licensee agrees to secure a health permit as a Dependent Food Service Operator and maintain the facility to Health Department standards as determined by the San Luis Obispo County Health Services Department or other health services agency contracted by City.
10. Termination and Revocation of License. (a) This Concession License may be terminated with or without cause by the City upon providing written notice to the Licensee at least ten (10) days in advance of desired termination date. Licensee may terminate its obligations under this Agreement by providing the City with thirty (30) days written notice only in the event of a substantial failure by City to perform under the terms of this Agreement.
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(b) Upon termination or revocation of the License, Licensee agrees to vacate the Concession Premises within five (5) working days and to surrender this License.
11. Insurance Requirements.
a. Licensee shall have insurance in the following amounts:
(1) General liability insurance with at least Two Million Dollars ($2,000,000) combined single-limit coverage per occurrence for bodily injury and property damage; and (2) Workers' compensation and employer's liability insurance as required by the California Labor Code, as amended.
b. Each insurance policy required above shall be acceptable to the City Attorney:
(1) The General Liability policy shall name the City specifically and separately as an additional insured under the policy by a valid endorsement. (2) Provide for written notice within 30 days or less of policy cancellation or termination; (3) Provide coverage by a Best's A-V rated carrier or better, admitted in California; (4) Provide a service of suit endorsement for all carriers not admitted in California; and (5) Provide that the City may pay any self-insured retention or deductible should Licensee fail or refuse to do so.
c. Failure to comply with insurance requirements under this Agreement shall be a material breach of this Agreement and allow for termination pursuant to Paragraph 10(b) of this License.
12. Indemnification. Licensee (which in this paragraph includes its employees, agents, or subcontractors) shall indemnify, defend and hold harmless the City of El Paso de Robles, its officers, agents and employees from any and all loss, damage, liability, cost or expenses, including attorneys’ fees, expert fees and costs of suit, for any of the following: 1) Any personal injuries, property damage or death that Licensee may sustain while using CITY-controlled property or equipment, while participating in any activity sponsored by the CITY, or from any dangerous condition of property; or 2) Any injury or death which Licensee suffers or which is increased by any action taken to medically treat Licensee; or 3) Any claim of liability to third parties arising out of Licensee’s negligence or wrongful or acts or omissions, excepting only liability caused by the sole negligence or wrongful conduct of the City.
13. Payment. The payments required by Paragraph 6 shall be made payable to the City of El Paso de Robles and considered paid when delivered to:
City of El Paso de Robles
1000 Spring Street
Paso Robles, CA 93446
Attn: Lynda Plescia, Recreation Services
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14. Employment Laws. Licensee agrees to comply with all local, state, and federal laws affecting the employment of personnel, the payment of wages, and the payment of taxes in operating the business in the Concession Premises.
15. Anti-Assignment Clause. As the City has relied on the particular proposal of Licensee in entering into this Concession License Agreement, Licensee shall not assign, delegate, transfer or sublicense any duty or right under this License, or any portion of the Licensee's use of the Concession Premises. Any such purported assignment, delegation, transfer, or sublicense shall be void unless the City has previously approved such action in writing.
16. Costs and Attorney's Fees. In the event of litigation brought by either party to this Concession License Agreement to enforce any provisions of this Agreement, the prevailing party shall be entitled to an award of reasonable attorney's fees and costs of suit incurred pursuant to said litigation.
17. Licensee not a Lessee. No legal title or leasehold interest in the Concession Premises or appurtenances thereto shall be deemed or construed to have been created or vested in the Licensee by anything contained in this License Agreement.
18. Provisions Cumulative. The foregoing provisions are cumulative and in addition to and not in limitation of any other rights or remedies available to the City.
19. Merger Clause. This Agreement and its Attachments are the entire understanding of the parties, and there are no other terms or conditions, written or oral, controlling this matter. In the event of any conflict between the provisions of this Agreement and its Attachments, the provisions of this Agreement shall prevail.
20. Anti-Waiver Clause. None of the provisions contained herein shall be waived because of previous failure to insist upon strict performance, nor shall any provision be waived because any other provision has been waived, in whole or in part.
21. Severability. The invalidity in whole or in part of any provision of this agreement shall not void or affect the validity of any other provisions of this Agreement.
22. Notices to Parties. Any statements, communications, or notices to be provided pursuant to this Agreement shall be sent to the attention of the persons indicated below, until such time as notice of any changes of person to be notified or change of address is forwarded to all parties:
Licensee:
NCI Affiliates, Inc
496 Linne Rd
Paso Robles, CA 93446
Atten: Crystal Nevosh
City:
City of El Paso de Robles
1000 Spring Street
Paso Robles, CA 93446
Atten: Lynda Plescia, Recreation Services
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23. Choice of Law. This Agreement shall be governed by the laws of the State of California.
Venue for any action arising from this Agreement, including but not limited to matters concerning validity, construction, performance, or enforcement shall be exclusively in the state or federal courts located in San Luis Obispo County, California.
24. Possessory interest. Licensee acknowledges that this License may create a taxable possessory interest subject to property taxation, and that Licensee shall be solely responsible for satisfaction of any property taxes levied in connection with this License.
25. City’s Access to Concession Premises. Licensee acknowledges the City's absolute right to enter the Concession Premises in order to assure Licensee’s compliance with the terms of this License.
26. Non-Discrimination and Equal Employment Opportunity. Licensee represents and agrees that it does not and will not discriminate against any employee or applicant for employment because of race, religion, color, medical condition, sex, sexual orientation and/or gender identity, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition.
27. Business License. The Licensee shall be required to obtain a City of El Paso de Robles Business License prior to execution of this Agreement.
IN WITNESS WHEREOF, this Agreement has been executed on behalf of the City by its Officer thereunto authorized and by Licensee, the date and year first above written.
CITY OF EL PASO DE ROBLES NCI Affiliates, Inc.
A Municipal Corporation
________________________________ ________________________________ Ty Lewis _________
City Manager _____________
Date: _____________________ Date: ______________________ APPROVED AS TO FORM:
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OFFICE OF THE CITY ATTORNEY
Elizabeth Wagner Hull, City Attorney
By: ______________________________
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EXHIBIT A
Centennial Park Recreation Center Floor Plan
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Administration Building
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EXHIBIT B
City-Provided Furniture, Fixtures, and Equipment
Café Equipment
Glass Door Display Refrigerator
Countertop Freezer
Microwave
Coffee Maker
Toaster
Kitchen Equipment
Commercial refrigerator
Chest Freezer
Gas Oven
Gas Grill and Stove
Dish Sanitizer
Ice Machine
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Council Agenda Report
From: Kevin Wells, Assistant Capital Projects Manager
Subject: Approval of Construction Contract for Centennial Park and Larry Moore Park Asphalt Path Repairs
CEQA Determination: The City finds that this action is categorically exempt under the Class 1 exemption (State CEQA Guidelines, § 15301).
Date: August 1, 2023
Facts
1. The multi-use trails at Centennial Park and Larry Moore Park are highly used recreational amenities for walkers, runners, cyclists, and general visitors to these parks.
2. Over time and use, the hard surfaces have deteriorated making the pathways less desirable to use.
3. Plans were prepared and advertised for bids to repair the walking trail paths at both parks.
4. The project was budgeted at $210,000 as part of the Fiscal Year 2022-23 capital improvement plan.
5. The engineer’s estimate for the project was $142,000.
6. At the bid opening on July 20, 2023, one bid was received.
Construction Company Bid Amount
Ferravanti Grading & Paving $163,974.75
Options
1. Take no action;
2. Authorize the City Manager to enter a contract with Ferravanti Grading and Paving in the amount of $163,974.75 to repair the walking trail paths at Centennial Park and Larry Moore Park and find the action exempt from CEQA; or
3. Provide alternative direction to staff.
Analysis and Conclusions
The City’s FY 2022-23 Capital Improvement Projects budget includes Larry Moore Park Walking Trail Repair and Centennial Park Walking Trail Repair. Staff reviewed the bid from Ferravanti Grading and Paving for the Centennial Park and Larry Moore Park Asphalt Repairs and found it to be a responsive and responsible bid.
The rehabilitation of these paths is part of the City’s effort to maintain and enhance existing infrastructure.
Providing safe and functional paths is important for users to be able to access amenities and fully experience open spaces.
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Fiscal Impact
The total cost to repair both Centennial Park and Larry Moore Park Asphalt Paths is $163,974.75. Sufficient funding for these walking trail repairs is included in the adopted FY 2022-23 budget and no further actions are needed.
CEQA
The City finds that this action is categorically exempt from the California Environmental Quality Act under the Class 1 exemption, which applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing structures, facilities, mechanical equipment, or topographical features where the project involves negligible or no expansion of existing or former use. (State CEQA Guidelines, § 15301) and that none of the exceptions to the Class 1 exemption set forth in State CEQA Guidelines section 15300.2 apply.
Recommendation (Option 2)
Approve Resolution 23-XXX, authorizing the City Manager to enter into a construction contract with Ferravanti Grading and Paving in the amount of $163,974.75 to repair both Centennial Park and Larry Moore walking trail paths; and to authorize the City Manager and City Attorney to make any minor, technical, or non-substantive changes to the contract that are consistent with the Council action.
Attachments
1. Resolution 23-XXX – Centennial Park and Larry Moore Park Asphalt Path Repairs
2. Ferravanti Grading and Paving Bid
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Attachment 1
RESOLUTION 23-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES APPROVING AWARD OF
CONSTRUCTION CONTRACT FOR CENTENNIAL PARK AND LARRY MOORE PARK ASPHALT PATH
REPAIRS AND FINDING THE ACTION EXEMPT FROM CEQA
WHEREAS, the walking trails at Centennial Park and Larry Moore Park are highly used recreational amenities, but over time and use, they have deteriorated and have become a safety concern; and WHEREAS, the budget adopted for FY 2022-23 includes both Centennial Park and Larry Moore Park Walking Trail Repairs; and
WHEREAS, plans were prepared and advertised for bids for both walking paths with the engineers estimate at $142,000, and an overall budget of $210,000; and WHEREAS, at the bid opening on July 20, 2023, one bid was received from Ferravanti Grading and Paving in the amount of $163,974.75; and
WHEREAS, staff determined that the bid submitted by Ferravanti Grading and Paving to be a responsive and responsible bid.
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 finds that this action is categorically exempt from the California Environmental Quality Act under the Class 1 exemption, which applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing structures, facilities, mechanical equipment, or topographical features where the project involves negligible or no expansion of existing or former use. (State CEQA Guidelines, § 15301) and that none of the exceptions to the Class 1 exemption set forth in State CEQA Guidelines section 15300.2 apply.
Section 3. The City Council hereby approves the Centennial Park and Larry Moore Park Asphalt Path Repairs contract to Ferravanti Grading and Paving for path repairs 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 consistent with City Council action, in the amount of $163,974.75.
APPROVED this 1st day of August 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Steven W. Martin, Mayor
ATTEST:
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Melissa Boyer, City Clerk
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Council Agenda Report
From: Casey Shepherd, Wastewater Resources Manager
Subject: Approval of Contract with Raminha Construction, Inc. for Storm Debris Cleanup and Pond Repairs at Paso Robles Wastewater Treatment Plant
CEQA Determination: The City finds that this action is exempt from review under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15301, Existing Facilities.
Date: August 1, 2023
Facts
1. On January 9, 2023, the City experienced severe winter storms followed by major flooding of the Salinas River.
2. Floodwaters damaged the low-lying stormwater retention ponds at the Paso Robles Wastewater Treatment Plant. The treatment process was not harmed.
3. Damage to City property included destruction of the perimeter barbwire fence; large amounts of debris and sediment deposited on the property; and severe erosion of the pond levees and aggregate base roads.
4. On June 6, 2023, staff issued an informal request for proposal (RFP) for the cleanup and repair work.
The City solicited proposals from seven local contractors, three of which responded. This scope of work includes fence and debris removal, erosion repairs, and installation of new aggregate base roads.
5. The City received the following proposals:
Company Bid Amount
Viborg Sand and Gravel, Inc. $224,420
Boneso & Harms, LLC $199,400
Raminha Construction, Inc. $177,408
Options
1. Take no action;
2. Authorize the City Manager to enter into a construction contract with Raminha Construction, Inc. to perform debris cleanup and pond repair work for an amount not to exceed $177,408;
3. Provide alternative direction to staff.
Analysis and Conclusions
The City of Paso Robles experienced significant flooding on January 9, 2023. Floodwaters from the Salinas River entered the stormwater retention ponds in the low-lying areas of the Paso Robles Wastewater Treatment Plant and caused significant damage. Wood debris, trash, and sediment were deposited throughout the flooded area and severe erosion occurred on the pond levees and roads.
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The stormwater retention ponds at the wastewater treatment plant are an important part of the facility.
They capture stormwater runoff from the site to prevent water from directly entering the Salinas River.
The ponds can also be used for storage in emergency situations if the wastewater treatment plant is unable to adequately treat influent flows. Restoring the stormwater retention ponds to pre-flood conditions is necessary to maintain the proper design and operation of the wastewater treatment facility.
It is necessary to expeditiously complete this work in advance of the next wet season.
Staff solicited bids from seven local contractors and received three proposals. Raminha Construction Inc. submitted the low bid and is well qualified to perform this work. Raminha Construction has an established track record of successfully completing projects for the City.
Fiscal Impact
The cost of this cleanup and repair work is $177,408. The City’s sewer fund budget for FY 23-24 includes funding to cover the cost of this project; however, staff are actively seeking reimbursement from FEMA for this project. FEMA requires completion of the work prior to the disbursement of disaster relief funds.
At this time, it is uncertain if any reimbursement money will be received for this work.
CEQA
This action is exempt from review under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15301, Existing Facilities..
Recommendation (Option 2)
Approve Resolution 23-XXX, authorizing the City Manager to enter into a construction contract with Raminha Construction, Inc. for the work of debris removal and pond repairs for an amount not to exceed $177,408.
Attachments
1. Resolution 23-XXX – Approval of Contract with Raminha Construction Inc. for Debris Cleanup and Pond Repairs at the Paso Robles Wastewater Treatment Plant
City Council Agenda August 1, 2023
Attachment 1
RESOLUTION 23-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES
AUTHORIZING THE CITY MANAGER TO APPROVE A CONTRACT WITH RAMINHA CONSTRUCTION, INC. FOR DEBRIS CLEANUP AND POND REPAIRS AT THE WASTEWATER TREATMENT PLANT IN THE AMOUNT OF $177,408 AND FINDING THIS ACTION EXEMPT FROM REVIEW UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT, STATE GUIDELINES SECTION 15301, EXISTING FACILITIES.
WHEREAS, on January 9, 2023, the City experienced severe winter storms followed by major flooding of the Salinas River; and
WHEREAS, floodwaters entered the low-lying stormwater retention ponds at the Paso Robles Wastewater Treatment Plant damaging the perimeter barbwire fence, depositing large amounts of debris and sediment on the property, and causing severe erosion to the pond levees and roads; and WHEREAS, on June 6, 2023, City staff sent out informal requests for proposals to seven different contractors for the work which includes fence removal and debris cleanup as well as pond levee and road repairs; and
WHEREAS, Raminha Construction Inc. submitted the lowest proposal in the amount of $177,408.
Raminha is a highly qualified construction company and is very capable of performing this work; and WHEREAS, restoring the stormwater ponds to pre-flood conditions is necessary to maintain the proper design and operation of the wastewater treatment facility; and WHEREAS, the City finds this action is exempt from review under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15301, Existing Facilities.
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 finds this action is exempt from review under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15301, Existing Facilities.
Section 3. The City Council authorizes the City Manager to enter into a construction contract with Raminha Construction, Inc. for the work of debris removal and pond repairs for an amount not to exceed $177,408.
Section 4. This Resolution shall take effect on the date it is approved by the City Council.
APPROVED this 1
st day of August 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Attachment 1
Steven W. Martin, Mayor
ATTEST:
Melissa Boyer, City Clerk
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Council Agenda Report
From: Mark Scandalis, Airport Manager
Subject: Airport Division Fee Update
CEQA Determination: The City finds that this action is not a project under the California Environmental Quality Act pursuant to State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.
Date: August 1, 2023
Facts
1. Each year, the City’s Finance Division updates individual department fee schedules. Proposed updates are considered by City Council. On June 20, 2023, the City Council adopted the City’s Comprehensive Fee Schedule, except for the Airport Division Fees.
2. Due to the scope of proposed changes to fees, an Airport Commission review was needed ahead of consideration by City Council.
3. Since at least 1976, the City Council has adopted fees for the Airport. The fees have been updated over the years, but not fully reanalyzed considering the evolution of operations at the Airport. With the increasing complexity of the traffic mix, the existing fee schedule no longer represents the types and operations of aircraft that now frequent the Airport.
4. Updatesto the Airport Division fees have been proposed to better cover all operations in the Airport’s specific traffic mix in alignment with industry best practices. Proposed changes to the fee schedule include proposing several new fees, modifications to several fee descriptions, and the restructuring of fees to encompass actual Airport costs associated with the operations and maintenance of the Airport.
5. In developing the proposed fees, staff reviewed the fees used by comparable Airports within the region, including Santa Maria, Salinas, Watsonville, San Luis Obispo, and out of region comparators in Siskiyou County, Mojave Air and Spaceport, and Montgomery Gibbs Airports (see attachment 1) to establish a benchmark of common airport costs.
6. 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, including the costs associated with the operation and maintenance of the Airport.
7. 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.
8. On June 22, 2023, the Airport Commission reviewed the proposed updatesto the Airport Division fees (see Attachment 2 Exhibit A) and unanimously recommended the update to the City Council for adoption.
Community Outreach
This proposed updates to the Airport Division fees were considered by the Airport Commission during a discussion item at the June 22, 2023, public meeting. Additionally, as required by State law, notice of the
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proposed fee updates was completed at least 10 days prior to the presentation to City Council through a “notice of public hearing” distributed online, to the local press, and through normal City email updates.
Options
1. Take no action;
2. Approve the updates to the Airport Division fees, to be included in the City’s Comprehensive Fee Schedule, as presented for implementation September 1, 2023; or
3. Provide alternative direction to staff.
Analysis and Conclusions
Staff is proposing several new fees, modifications to several fee descriptions, the discontinuation of obsolete fees, and the restructuring of fees to better align the fees with costs associated with the operations and maintenance of the Airport. The fees were then compared to comparable Airports within the region with the goal being to provide a fee schedule that better encompasses operations in Paso Robles Municipal Airport’s specific traffic mix. The new fees being proposed include:
Proposed New Fees Proposed Fee Amount
Transient Aircraft Parking - Jet $ 30 / night
Transient Aircraft Parking - Helicopter $ 7 / night
Transient Aircraft Parking - Type 1 Helicopter $ 75 / night Transient Aircraft Parking - Airship Mooring $ 75 / night Based Aircraft parking- Jet $ 350 / month
Landings 155,001 lbs. – 220,000 lbs. $ 250 / land
Terminal Building Use/Rental - per sq ft utilized per event $ 2 / SF Airfield Access Rental (Non-Aviation) - per event $ 1,500 / event Airport Testing Site Usage – 20ft Container Storage $ 100 / month Airport Testing Site Usage - Reservation and Use of Site $ 150 / day The proposed new fees are being added to capture gaps that exist in the current fee structure. The fees specific to transient aircraft parking and based aircraft parking reflect added categories of aircraft that were not previously included in the Airports fee structure. While the current structure includes parking fees for single and twin-engine aircraft, there are several other aircraft categories now included as the operations at the Airport have expanded.
Similar to the aircraft parking fees, staff are proposing the addition of a landing fee category. Historically, aircraft at or below 155,000 lbs. have been the largest aircraft to operate at the airport. With recent changes to our aircraft mix, a larger aircraft currently operating at 220,000 lbs. frequents the Airport.
Aircraft weighing greater than 155,000 lbs. are wider, longer, and have more powerful engines. These aircraft have the potential to cause more damage to pavement surfaces and create foreign objects and debris (FOD) that typically require cleanup upon arrival and departure. The current fee schedule does not account for the impact these heavier aircraft have on the Airport infrastructure and operations. The new fee accounts for airfield pavement surface impacts and staff time associated with accommodating the larger aircraft. Landing of aircraft 155,001 lbs. to 220,000 lbs. will be considered on a case-by-case basis and additional requirements and restrictions may apply. A change to the fee description is also proposed, removing “commercial” from the description as this is most likely a legacy definition from a time when the Airport had commercial airline service, instead changing the designation to “landings” with the
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addition of a footnote denoting industry common exceptions for based aircraft, Federal Government, Angel Flight, Life Flight, air ambulance, touch and go operations, and exemptions for non-commercial aircraft under 6,000 lbs.
Additionally, there are several facility-related spaces located at the Airport that can be utilized by the public and in order to cover the costs associated with the utilization of these spaces, staff is proposing four (4) new fees related to space rental/use.
1. Rental of terminal building - $2/SF utilized/per day
2. Non-aviation airfield access - $1500/per event up to 8 hours
3. Testing site storage (20ft container) - $100/month (for storage of testing equipment)
4. Testing site rental - $150/day
The discontinuation of two fees associated with landings is being proposed; maximum daily and maximum monthly charges for landing fees for aircraft less than 20,000 lbs. Discontinuation of these fees is necessary because their application would result in an uneven application of fees as the other weight categories on the landing fee schedule do not have the maximum daily or maximum monthly limits.
Instead, staff is proposing the addition of industry common exemptions from landing fees.
Finally, staff is proposing restructuring the fees related to fuel flowage, discontinuing the fuel facilities development fee of $0.03 per gallon and increasing both the fuel flowage (AvGas) and fuel flowage (Jet Fuel) fees by $0.03 per gallon. In FY 2012-13 the City paid for new fuel storage tanks with a Caltrans loan.
The fuel facilities development fee was a surcharge on fuel for the purpose of covering future fuel tank replacement costs. Eliminating the fuel facility development fee and instead, adding the $0.03 per gallon to the individual fuel fees streamlines the fee process, resulting in no change in total fuel flowage fees.
The proceeds from fuel sales will be used for the same intended purposes of providing funding for anticipated fuel tank replacement costs.
Fiscal Impact
The updated fee schedule incorporating the addition of new fee categories is expected to bring in incremental revenue in the range of $10,000 per year to the Airport Fund by capturing previously lost and unaccounted revenue. The update to the landing fee structure along with implementing a collection protocol will provide revenue to the Airport fund to be used for the betterment of the Airport, including general improvements to the facilities, ability to match grants, and proactively addressing maintenance of common facilities. Projected revenue under the updated landing fee structure is estimated to be $66,394 per year, for an aggregate fiscal impact of $76,394 to the Airport Enterprise Fund.
CEQA
The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section §§ 15060, subd. (c)(2)-(3), 15378.
Recommendation (Option 2)
Adopt the updated Airport Fee Schedule as presented for implementation September 1, 2023.
Attachments
1. Regional Fee Comparison
2. Resolution 23-XXX – Airport Fee Update
a. Exhibit A – Proposed Updated Airport Fees
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Attachment 1
Attachment 1: Regional Fee Comparison
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Attachment 2
RESOLUTION 23-XXX
A RESOLUTION OF THE CITY OF EL PASO DE ROBLES
IMPLEMENTING AMENDMENTS TO THE AIRPORT DIVISION FEES AS PART OF THE COMPREHENSIVE FEE SCHEDULE AND FINDING THE ACTION EXEMPT FROM CEQA WHEREAS, since at least 1976 the City Council of the City of El Paso De Robles (“City”) has adopted fees on behalf of the Airport Division related to the recovery of costs associated with the Paso Robles Municipal Airport (“Airport”) operations, maintenance, and services; and WHEREAS, the complexity of the Airport’s traffic mix continues to grow and in order to more fully encompass all traffic within the Airport, the City has reviewed its costs of operations and maintenance of the Airport, including the costs of providing certain services; and WHEREAS, the City has also surveyed the fees of comparable airports in the area and after review of the comparable airports fees and review of its own costs and revenues from its current rates, the City has determined and now desires to update its Airport fees to provide for sufficient revenues to continue its operations, maintenance, and to provide certain services in a fiscally responsible manner; and WHEREAS, on June 22, 2023, the Airport Commission considered the proposed changes to the Airport fee schedule and unanimously recommended the proposed fees to City Council for adoption; and WHEREAS, State law governing municipal planning and finance in California recognizes the validity of, and authorizes, the imposition by cities of fees for services, including fees to recover the reasonable costs of operations and maintenance of public facilities; and WHEREAS, the City, in order to recover costs associated with operations, maintenance, and services it provides, has proposed to update the Airport Fee Schedule; and WHEREAS, the proposed fees were calculated to recover the costs of the Airport’s operations, maintenance, and services, and are reasonable, 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; and
WHEREAS, the Airport Division fees are attached hereto as Exhibit A, to be incorporated into the City’s Comprehensive Fee Schedule; 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 August 1, 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
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:
City Council Agenda August 1, 2023
Attachment 2
Section 1. All of the above recitals are true and correct and incorporated herein by reference.
Section 2. The City Council hereby implements the proposed cost recovery fee amendments to the Airport Division fees to be incorporated in the City’s Comprehensive Fee Schedule, effective September 1, 2023, as shown in Exhibit A and incorporated herein by reference.
Section 3. The City Council finds and determines that:
(a) The fees established by this resolution are not taxes within the meaning of California Constitution, article XIII C, section 1(e) as they are:
(1.) imposed for a specific benefit conferred or privilege granted directly to the payor, or government service provided directly to the payor, or for entrance to or use of local government property; 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 City Council finds the action, and the approval of the described contract herein, is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), and 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.
City Council Agenda August 1, 2023
Attachment 2
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 1st day of August 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________________________
Steven W. Martin, Mayor
ATTEST:
_______________________________________
Melissa Boyer, City Clerk
Exhibit A. Updated Airport Fee Schedule
City Council Agenda August 1, 2023
Exhibit A
Exhibit A: Updated Airport Fee Schedule
City Council Agenda August 1, 2023
Exhibit A
City Council Agenda August 1, 2023
Exhibit A
City Council Agenda August 1, 2023