City Council Agenda September 5, 2023
2901 Bluegrass Blvd, Ste. 400, Lehi UT 84043 • +1 (650) 479-5371 5) Parking fee restructure - PRB’s parking fees are currently based on the number of engines an aircraft has. While this is not an unheard of approach to parking fees, we recommend utlizing an alternative that more simply and directly reflects the impact of that aircraft on the airport.
Alternatives include:
a) Utilizing a weight-based structure similar to that used for landing fees, or b) Utilizing a structure reflective of the type and size of parking pad utilized by the aircraft (e.g., pull-through vs tail-in; large footprint vs small footprint), achievable using 1200.aero’s geo-fencing capabilities.
Regional fee benchmarking.
Please find below a summary of the fee structures utilized at airports within the region served by PRB, provided for additional context on the recommendations outlined above. 1) San Luis Obispo (SBP):
a) Landing fees -
i) Charged to all transient aircraft including non-commercial aircraft, but excepting government, angel, air ambulance, and tough & go flights ii) $3 per 1,000 lbs Maximum Landing Weight (MLW)
b) Overnight transient fees - based on aircraft weight buckets:
i) <12,500 lbs: $12
ii) 12,500 - 25,00 lbs: $25
iii) >25,000 lbs: $75
2) Oceano (L52)
a) Landing fees - N/A
b) Overnight transient fees - based on aircraft weight buckets:
i) <12,500 lbs: $12
ii) 12,500 - 25,00 lbs: $25
iii) >25,000 lbs: $75
3) Santa Maria (SMX)
a) Landing fees - charged to both scheduled and non-scheduled air carriers b) $1 per 1,000 lbs Certificated Gross Landing Weight (CGLW) Altaport
Altaport is a technology company focused on automating and activating the world’s landing infrastructure, with the long-term purpose of enabling unbounded human mobility by enabling the future of air mobility. Airports like PRB represent a critical component of present and future air mobility operations. By providing a modern digital tool set, Altaport enables landing infrastructure owners and operators to drive efficiency today and serve as leaders in tomorrow’s air mobility ecosystem.
Altaport was founded by Cory Cozzens, co-founder of Surf Air, an innovative airline bringing regularly scheduled service to general aviation airports throughout California and Texas. While building Surf Air and other related businesses, Cory developed a deep understanding of the opportunities and challenges associated with operations to and from GA airports, and a passion for developing tools to help GA airports maximize the value they offer to their communities. Altaport launched in 2020 with a heliport operations management solution, including automated landing fee collection, now in use at some of the busiest helipads in the world. Altaport is now in discussions with several GA airports to expand its offering to help meet the needs unique to GA airport transient management.
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City Council Agenda September 5, 2023
2901 Bluegrass Blvd, Ste. 400, Lehi UT 84043 • +1 (650) 479-5371 Altaport Solutions
Altaport’s solutions have been carefully developed with airport managers in mind. In addition to the solutions listed below, Altaport is continually exploring other ways to bring value to GA airports and looks forward to partnering with PRB to identify and implement such additional tools.
Proposed Solutions
Automated fee collection. Altaport manages fee collection in a way that is efficient for infrastructure managers and easy for aircraft operators. Altaport’s modern toolset offers rich data visibility, securely saved payment methods, multiple payment method options, and robust user management tools, through which aircraft operators will find it easier to pay required fees and infrastructure managers will enjoy a higher success rate in fee collection. Altaport has integrated with 1200.Aero, currently used by PRB for ADS-B based airport operations reporting, to ingest operational data leveraged to automate all fee collection activities for PRB.
Altaports fee collection process is as follows:
1) 1200.Aero captures airport operations activity via ADS-B, which data is made available to Altaport via direct integration between the systems.
2) Upon ingesting the 1200.Aero ADS-B feed, Altaport filters for operations to which landing fees should be applied (e.g., filtering out tenant and CalFire aircraft), then calculates the applicable landing fee based on the aircraft MTOW and operation type. 3) Where the operator of an aircraft is not yet in Altaport’s system, Altaport manually identified the owner and operator and tracks down contact information for that operator, which is then added to Altaport’s system.
4) For all operations with an identified operator within the Altaport system, an email is sent notifying them of a fee to be paid.
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2901 Bluegrass Blvd, Ste. 400, Lehi UT 84043 • +1 (650) 479-5371 5) Upon logging in, the operator is able to view all operations captured by Altaport, view details of the operations, and make payments for operations via CC or ACH. 6) Collected payments, less Altaport and payment processing fees, are automatically deposited into the appropriate airport bank account on a fixed schedule (e.g., weekly or monthly). The Attachment 2
City Council Agenda September 5, 2023
2901 Bluegrass Blvd, Ste. 400, Lehi UT 84043 • +1 (650) 479-5371 airport is also provided with a login to an Altaport dashboard to view all operations and distributions made to the airport.
Data reporting. Altaport user accounts feature a robust data reporting dashboard. In addition to viewing operational details within the user dashboards, users are able to export financial reports and operational reports with varying levels of detail and within custom timelines.
Additional Solutions for Consideration
PPR management and scheduling. Altaport provides infrastructure managers with a set of tools to schedule the use of runways, FATOs, taxiways, tie-downs, and parking stands. The platform makes it easy for infrastructure managers to implement Prior Permission Required (PPR) restrictions, whether temporarily or permanently, and to manage operator landing and service requests.
Tenant management. Altaport is planning to introduce a simple and highly-automated solution for tenant management in Q1 of 2024 or earlier. This solution will offer simplified tenant contract, documentation, and payments management, in addition to tools to support tenant communications, hangar inspections, and other relevant actions.
Camera integration. In support of its fee collection and other solutions, Altaport is exploring the ability to ingest camera feeds from airport cameras and airport management team phones to compliment the operations reporting automated by the 1200.Aero ADS-B feed. Altaport would leverage machine vision to automatically identify aircraft in the camer feeds, capture tail numbers from those images, compare the resulting data with the captured ADS-B data, and as appropriate supplement the ADS-B operational data with information regarding any missed operations.
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City Council Agenda September 5, 2023
2901 Bluegrass Blvd, Ste. 400, Lehi UT 84043 • +1 (650) 479-5371 Proposal & Pricing
Based on a preliminary assessment of PRB’s needs, Altaport proposes addressing the issue of landing and fee collection as an initial area of focus.
The standard pricing structure for the Altaport platform is a $150 fixed monthly fee, and 10% of fees processed, in addition to any associated third-party payment processing fees. Altaport proposes a revised fee structure for PRB in recognition of the airport’s early adoption of the new GA-specific functionality:
○ A waived monthly fee, and
○ A reduced revenue share of 5%.
Altaport services will be provided on a month-to-month contract with a proposed start date of June 1, 2023, or such other date required by PRB.
The following considerations apply to this proposal:
● To obtain accurate operational data for fee collection purposes, PRB agrees to approve Altaport’s access to PRB operational data from 1200.aero on an ongoing basis. ● Altaport will ingest the provided data and incorporate it into Altaport’s standard billing functionality. Altaport will assume the responsibility for processing all landing and transient fees under a billing authorization to be granted by PRB.
● The proposed discounted pricing is applicable for two years from the start of service. ● Altaport currently uses Stripe for payment processing. Stripe is the industry leader in payment processing, and is by companies like Lyft, Zoom, Google and Amazon. Stripes’ current payment processing fees are industry competitive, as follows:
○ CC payments: 2.9% plus $0.30 per transaction (Note: We recommend passing CC payment fees through to the operator to encourage use of the less-costly ACH option.) ○ ACH payments: 0.8%, with a $5 cap per transaction
We look forward to working with you to enable more efficient operations at Paso Robles Municipal Airport. If this proposal is in alignment with your expectations, please acknowledge receipt and agreement below to facilitate further discussions regarding the implementation of these services.
Sincerely, Acknowledged:
Cory Cozzens Mark Scandalis
CEO, Altaport, Inc. Airport Manager, PRB
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City Council Agenda September 5, 2023
Council Agenda Report
From: Mark Scandalis, Airport Manager
Subject: Preapproval of FAA Grant Offer for Runway 1 -19 Rehabilitation and Award of Professional Services Agreement to Tartaglia Engineering.
CEQA Determination: 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.
Date: September 5, 2023
Facts
1. As part of the Fiscal Year (FY) 2023-24 budget, City Council approved a series of capital improvement projects for the Airport. The majority of these projects rely on grant funding from the Federal Aviation Administration (FAA).
2. After FAA review and approval of the plans and specifications for a Runway 1/19 rehabilitation project, the City was notified it will receive a grant offer from the FAA to fund eligible expenses for the proposed project in an amount not to exceed $600,000. The final grant offer will be contingent on contractor bids for the work. The grant application amount will be amended to reflect the awarded bid amount.
3. The City must accept the grant offer before September 18, 2023, therefore the need for preapproval of the grant offer.
4. Tartaglia Engineering, as the Airport Engineer of record, was asked to prepare plans and specifications for the Runway 1/19 project.
5. Tartaglia Engineering submitted a scope of work and fee proposal to assist staff with inspection, construction management, and engineering support for the work. Tartaglia’s total fee is not to exceed $121,000 with the remaining grant funding covering other eligible expenses.
6. In support of State airport infrastructure, the Cal Trans Department of Aeronautics, with appropriate grant match application documentation, will reimburse the Airport fund for 5% of the grant amount upon completion of the project.
Options
1. Take no action;
2. Upon receipt, accept the FAA grant offer for a Runway 1/19 rehabilitation project and award a contract to Tartaglia Engineering for design, engineering support, and construction management under a Professional Services Agreement; or
3. Return item to staff to pursue an alternate course of action.
Analysis and Conclusions
The Airport continues to serve as an essential facility and economic, and by design, is expected to operate as an independent entity with only partial support from the General Fund. Major capital projects would be generally unattainable without the infusion of capital from FAA grant funding programs.
City Council Agenda September 5, 2023
This runway rehabilitation project will ensure continued safe and efficient use of the Airport’s main runway. The project includes three treatments to the runway: rubber removal, crack fill, and repainting runway markings. Residual rubber left by landing aircraft will be removed from the runway surface.
Following rubber removal, the existing joint seal compound will be removed and crack fill of the longitudinal joints of the runway will occur. This process will help to preserve the useful life of the runway by preventing water intrusion into the asphalt surface. Following rubber removal and crack fill, repainting of the runway markings will occur per FAA standards and specifications. Repainting includes runway designation markings, threshold bars, aiming points, threshold markings, runway centerline, blast pad chevrons, taxiway lead-in lines, and runway edge markings. Overall, the runway project will help improve safety by providing a more tactile and visually apparent landing surface for incoming traffic.
Fiscal Impact
The total cost of the services by Tartaglia Engineering is $121,000. The runway rehabilitation project is 90 percent funded by the FAA grant and 10 percent by the Airport Fund; however, an additional Cal Trans Department of Aeronautics reimbursement is anticipated, reducing the Airport’s portion of the project by approximately $27,000. Regardless, this is a reimbursement grant, meaning the Airport will fund the cost of the work upfront and periodic reimbursement payments will be made by the FAA as work is completed.
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, as it contemplates only engineering and pre-construction services. Environmental review will be considered at the time a contract is awarded for the actual runway rehabilitation and pursuant to FAA grant requirements.
Recommendation (Options 1-5)
Approve Resolution 23-XXX, authorizing:
1) The City Manager to execute the grant agreement with the FAA upon receipt in an amount not to exceed $600,000, with final grant amount contingent on bid results; and 2) The City Manager to execute a professional services agreement for engineering services with Tartaglia Engineering for assistance with the runway project for an amount not to exceed $121,000, with any necessary funding conditions required under the issued FAA grant agreement; and
3) The City Manager to apply for and execute a grant match agreement with Cal Trans Division of Aeronautics; and
4) Authorize appropriate transfers from the Airport reserves to the Airport budget to fund the project until reimbursement payments are made by the FAA; and 5) The City Manager and City Attorney to make minor, technical, or non-substantive changes to the Tartaglia Professional Services Agreement, as necessary, consistent with the Council’s overall intent and the inclusion of any funding conditions required under the FAA grant agreement.
Attachments
1. Resolution 23-XXX – Runway 1.19 Contracts
2. FAA Grant Application Documents and Grant Assurances
3. Fee Work-Up Runway 1/19 - Tartaglia Engineering
City Council Agenda September 5, 2023
Attachment 1
RESOLUTION 23-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES
PREAPPROVING ACCEPTANCE OF A GRANT OFFER FROM THE
FEDERAL AVIATION ADMINISTRATION AND AWARDING
PROFESSIONAL SERVICES AGREEMENT FOR RUNWAY 1/19 REHABILITATION PROJECT WHEREAS, as part of the Airport budget the City Council approved a series of Capital Improvement projects for the Airport; and
WHEREAS, the majority of Airport Capital Improvement projects rely on grant funding from the Federal Aviation Administration (FAA); and
WHEREAS, after FAA review and approval of the plans and specifications for a runway 1/19 rehabilitation project, the City was notified it will receive a grant offer not to exceed $600,000 from the FAA to fund 90% of all eligible expenses for the proposed runway project with the final grant amount to be determined by public bid for the construction work; and
WHEREAS, Tartaglia Engineering, the Airport engineer of record, prepared plans and specification for the runway project and submitted a scope of work and fee proposal to assist staff with inspection, construction management, and engineering support for the work in an amount not to exceed $121,000 with the remaining grant funds covering other eligible expenses; and WHEREAS, with grant match application documentation, the Cal Trans Department of Aeronautics will reimburse the Airport Fund 5% of the final grant amount, estimated to be $27,000.
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. Authorize the City Manager to execute the FAA Grant Agreement for the runway project upon receipt of the grant offer, final grant offer amount contingent on public bids.
Section 3. Authorize the City Manager to execute a professional services agreement for engineering services with Tartaglia Engineering for the runway project for an amount not to exceed $121,000, subject to any minor, technical, or non-substantive changes as approved by the City Manager or City Attorney.
Section 4. Authorize the City Manager to apply for and execute a grant match agreement with Cal Trans Division of Aeronautics to reimburse the City a portion of project expenses.
Section 5. Authorize appropriate transfers from the Airport reserves to the Airport budget to fund the project until reimbursement payments are made by the FAA.
City Council Agenda September 5, 2023
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APPROVED this 5th day of September, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John Hamon, Mayor Pro Tem
ATTEST:
Melissa Boyer, City Clerk
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FAA
Airports
Airport Sponsor Assurances 3/2014 Page 1 of 20
ASSURANCES
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors.
3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor.
The terms, conditions and assurances of this grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor.
The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project.
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Airport Sponsor Assurances 3/2014 Page 2 of 20
3. Airport Planning Undertaken by a Sponsor.
Unless otherwise specified in this grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 25, 30, 32, 33, and 34 in Section C apply to planning projects. The terms, conditions, and assurances of this grant agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Airport Revenue so long as the airport is used as an airport.
C. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements.
It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis-Bacon Act - 40 U.S.C. 276(a), et seq.1
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d. Hatch Act – 5 U.S.C. 1501, et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq.1 2
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).1 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1 l. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.1 s. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.1 u. Copeland Anti-kickback Act - 18 U.S.C. 874.1
v. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.1 w. Wild and Scenic Rivers Act, P.L. 90-542, as amended. x. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2
y. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
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Airport Sponsor Assurances 3/2014 Page 3 of 20
z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282, as amended by section 6202 of Pub. L. 110-252).
Executive Orders
a. Executive Order 11246 - Equal Employment Opportunity1 b. Executive Order 11990 - Protection of Wetlands
c. Executive Order 11998 – Flood Plain Management
d. Executive Order 12372 - Intergovernmental Review of Federal Programs e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction1
f. Executive Order 12898 - Environmental Justice
Federal Regulations
a. 2 CFR Part 180 - OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement).
b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. [OMB Circular A-87 Cost Principles Applicable to Grants and Contracts with State and Local Governments, and OMB Circular A-133 - Audits of States, Local Governments, and Non-Profit Organizations].4, 5, 6
c. 2 CFR Part 1200 – Nonprocurement Suspension and Debarment d. 14 CFR Part 13 - Investigative and Enforcement Procedures14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. e. 14 CFR Part 150 - Airport noise compatibility planning. f. 28 CFR Part 35- Discrimination on the Basis of Disability in State and Local Government Services.
g. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964.
h. 29 CFR Part 1 - Procedures for predetermination of wage rates.1 i. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.1 j. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act).1
k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).1
l. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3
m. 49 CFR Part 20 - New restrictions on lobbying.
n. 49 CFR Part 21 – Nondiscrimination in federally-assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964.
o. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions.
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p. 49 CFR Part 24 – Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs.1 2
q. 49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of Transportation Programs.
r. 49 CFR Part 27 – Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance.1 s. 49 CFR Part 28 – Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities conducted by the Department of Transportation. t. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. u. 49 CFR Part 32 – Governmentwide Requirements for Drug-Free Workplace (Financial Assistance)
v. 49 CFR Part 37 – Transportation Services for Individuals with Disabilities (ADA).
w. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.
Specific Assurances
Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this grant agreement.
Footnotes to Assurance C.1.
1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and 2 CFR Part 200 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code.
4 On December 26, 2013 at 78 FR 78590, the Office of Management and Budget (OMB) issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former Uniform Administrative Requirements for Grants (OMB Circular A-102 and Circular A-110 or 2 CFR Part 215 or Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part 220; Circular A-87 or 2 CFR part 225; and A-122, 2 CFR part 230). Additionally it replaces Circular A-133 guidance on the Single Annual Audit. In accordance with 2 CFR section 200.110, the standards set forth in Part 200 which affect administration of Federal awards issued by Federal agencies become effective once implemented by Federal agencies or when any future amendment to this Part becomes final. Federal agencies, including the Department of Transportation, must implement the policies and procedures applicable to Federal awards by promulgating a regulation to be effective by December 26, 2014 unless different provisions are required by statute or approved by OMB.
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5 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required.
b. Private Sponsor:
It has legal authority to apply for this grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement.
It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required.
3. Sponsor Fund Availability.
It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this grant agreement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary.
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Airport Sponsor Assurances 3/2014 Page 6 of 20
b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement.
c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial noncompliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in this grant agreement and shall insure that such arrangement also requires compliance therewith. g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.
Attachment 2
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Airport Sponsor Assurances 3/2014 Page 7 of 20
6. Consistency with Local Plans.
The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport.
7. Consideration of Local Interest.
It has given fair consideration to the interest of communities in or near where the project may be located.
8. Consultation with Users.
In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed.
9. Public Hearings.
In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project.
10. Metropolitan Planning Organization.
In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted.
11. Pavement Preventive Maintenance.
With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful.
12. Terminal Development Prerequisites.
For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and Attachment 2
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has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this grant, the total cost of the project in connection with which this grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made.
14. Minimum Wage Rates.
It shall include, in all contracts in excess of $2,000 for work on any projects funded under this grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work.
15. Veteran's Preference.
It shall include in all contracts for work on any project funded under this grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates.
16. Conformity to Plans and Specifications.
It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, Attachment 2
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Airport Sponsor Assurances 3/2014 Page 9 of 20
specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this grant agreement.
17. Construction Inspection and Approval.
It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary.
18. Planning Projects.
In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities.
c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States.
d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, Attachment 2
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state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for1) Operating the airport's aeronautical facilities whenever required; 2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and
3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance.
Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards.
21. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or Attachment 2
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Airport Sponsor Assurances 3/2014 Page 11 of 20
to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and
2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers.
c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non-tenants and signatory carriers and nonsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.
Attachment 2
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Airport Sponsor Assurances 3/2014 Page 12 of 20
23. Exclusive Rights.
It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph:
1) If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or Attachment 2
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operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 2) If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor’s acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. 3) Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at Section 47102 of title 49 United States Code), if the FAA determines the airport sponsor meets the requirements set forth in Sec. 813 of Public Law 112-95. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code.
26. Reports and Inspections.
It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and
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d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail:
1) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and
2) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property.
27. Use by Government Aircraft.
It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that –
a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds.
28. Land for Federal Facilities.
It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport showing 1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto;
2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and Attachment 2
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roads), including all proposed extensions and reductions of existing airport facilities;
3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon; and
4) all proposed and existing access points used to taxi aircraft across the airport’s property boundary. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary’s design standards beyond the control of the airport sponsor.
30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this grant.
a. Using the definitions of activity, facility and program as found and defined in §§
21.23 (b) and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all nondiscrimination requirements imposed by, or pursuant to these assurances. b. Applicability
1) Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor’s program or activities, these requirements extend to all of the sponsor’s programs and activities. 2) Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith.
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3) Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property.
c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods:
1) So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or
2) So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this grant agreement and in all proposals for agreements, including airport concessions, regardless of funding source:
“The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”
e. Required Contract Provisions.
1) It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federallyassisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the nondiscrimination in Federally-assisted programs of the DOT acts and regulations.
2) It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 3) It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor.
4) It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin, creed, sex, age, or handicap as a Attachment 2
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covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties:
a) For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b) For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.
f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance.
g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order, (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested or transferred to another Attachment 2
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eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund.
c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989.
d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport.
32. Engineering and Design Services.
It will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport.
33. Foreign Market Restrictions.
It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.
34. Policies, Standards, and Specifications.
It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated ___________ (the latest approved version as of this grant offer) and included in this grant, and in accordance _
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with applicable state policies, standards, and specifications approved by the Secretary.
35. Relocation and Real Property Acquisition.
a. It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B.
b. It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses.
The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its DBE and ACDBE programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor’s DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1936 (31 U.S.C. 3801).
38. Hangar Construction.
If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner’s expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose.
Attachment 2
City Council Agenda September 5, 2023
Airport Sponsor Assurances 3/2014 Page 20 of 20
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that1) Describes the requests;
2) Provides an explanation as to why the requests could not be accommodated; and
3) Provides a time frame within which, if any, the airport will be able to accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date.
Attachment 2
City Council Agenda September 5, 2023
Exhibit E
Paso Robles Municipal Airport
Rubber Removal, Crack Fill, and Re-Coat Runway 1-19
Preliminary, Design, Bidding, Construction, Completion
Tartaglia Engineering
Fee Work-Up
Principal
Land
Survey.
Civil
Eng Tech. III Tech. II Tech. I Clerical
Survey
1-Man
Inspect.
Day ST
Inspect.
Night ST
Inspect.
OT
Prof.
Travel Mileage
PerDiem Total
Task Description $209.00 $151.00 $156.00 $122.00 $99.00 $80.00 $66.00 $217.00 $146.00 $158.00 $175.00 $99.00 $0.65 $190.00 A Kick-off meeting 4.0 4.0 4.0 2.0 $1,988.00
B Site Visit 2.0 2.0 $510.00
C Prelim. design & summary 6.0 14.0 10.0 4.0 16.0 $6,334.00 D Preliminary Cost Estimate 2.0 8.0 6.0 $2,398.00
E Prepare Catex 4.0 6.0 16.0 2.0 $3,184.00
Supplies, Postage $100.00
Sub-Total $14,514.00
A Prepare improvement plans 2.0 12.0 26.0 28.0 64.0 $13,354.00 B Prepare specs. / contract docs. 14.0 16.0 20.0 $7,402.00 C Prepare CSPP & process 2.0 6.0 16.0 12.0 $3,898.00
D Engineer's Design Report 12.0 $1,872.00
E Coord. FAA review / approval 2.0 2.0 $730.00
F Perform all revisions. 4.0 34.0 8.0 $4,630.00
G Final QTY's and Specs 2.0 4.0 14.0 8.0 $3,390.00
Supplies, Prints, Postage $600.00
Sub-Total $35,876.00
A Provide Notice Inviting Bids 4.0 4.0 3.0 $1,658.00
B Distribute documents 3.0 3.0 1.0 $831.00
C Pre-Bid Job Walk 2.0 2.0 2.0 $928.00
D Answer questions. Addenda. 2.0 4.0 6.0 4.0 $2,038.00
E Att. opening. Prepare summary 1.0 4.0 8.0 4.0 $2,073.00 F License, DIR, DBE review 2.0 4.0 4.0 3.0 1.0 $1,836.00 G Letter summary & recommend. 2.0 4.0 3.0 $1,240.00
Plans, Supplies, Postage $1,200.00
Sub-Total $11,804.00
1 Preliminary Eng. Phase
2 Design Phase
3 Bidding Phase
Exhibit E (Fee Work-Up) 1 of 2
Attachment 3
City Council Agenda September 5, 2023
Exhibit E
Paso Robles Municipal Airport
Rubber Removal, Crack Fill, and Re-Coat Runway 1-19
Preliminary, Design, Bidding, Construction, Completion
Tartaglia Engineering
Fee Work-Up
Principal
Land
Survey.
Civil
Eng Tech. III Tech. II Tech. I Clerical
Survey
1-Man
Inspect.
Day ST
Inspect.
Night ST
Inspect.
OT
Prof.
Travel Mileage
PerDiem Total
Task Description $209.00 $151.00 $156.00 $122.00 $99.00 $80.00 $66.00 $217.00 $146.00 $158.00 $175.00 $99.00 $0.65 $190.00 A Pre-Construction Conference 6.0 6.0 3.0 3.0 $2,925.00 B Construction management 8.0 34.0 14.0 18.0 10.0 6.0 $11,662.00 C Progress Meetings 2.0 6.0 8.0 4.0 $2,914.00
D Construction observation 8.0 24.0 120.0 30.0 360.0 $28,476.00 Supplies, Postage $950.00
Sub-Total $46,927.00
A Final pay documentation 4.0 4.0 2.0 $1,592.00
B Prepare As-Built plans 2.0 6.0 $906.00
C Contractor close out 4.0 2.0 2.0 2.0 $1,478.00
D Final Engineer's Report 2.0 26.0 4.0 $4,962.00
E Final Acceptance Form 4.0 $624.00
F Final documentation 4.0 4.0 4.0 2.0 2.0 $2,148.00
G Update PMMP 1.0 2.0 2.0 $514.00
Supplies, Postage $350.00
Sub-Total $12,574.00
$121,695.00
$121,000.00
1 Task items line up, one for one, with tasks identified in the Scope of Services portion of Exhibit A. 2 Inspector mileage on site = 20 miles per day
3 Tartaglia does not mark-up third party invoicing, printing, shipping, supplies, etc. 4 For construction observation: Assumed 15 night shifts and 2 day shifts. 5 Assumed 2 hours of overtime each working day to set up and take down runway closure crosses Total Identified on Pre-Application: Preliminary, Design, Bidding, Construction, and Completion Phase Services Total: Preliminary, Design, Bidding, Construction, and Completion Phase Services Notes and Assumptions
4 Construction Phase
5 Completion Phase
Summary
Exhibit E (Fee Work-Up) 2 of 2
Attachment 3
City Council Agenda September 5, 2023
Council Agenda Report
From: Darcy Delgado, Associate Planner
Subject: Approval of Oak Tree Removal Permit 23-09: Removal of one 41-inch diameter blue oak tree located at 1947 Tulipwood Drive
CEQA Determination: The removal and replacement of the tree is categorically exempt pursuant to Section 15304 (minor alterations of land) of the CEQA guidelines.
Date: September 5, 2023
Facts
1. The City has received an application for oak tree removal permit OTR 23-09 (P23-0040) to remove one oak tree located along the eastern property line of 1947 Tulipwood Drive (See Vicinity Map, Attachment 1).
2. An Arborist Report was provided by Rodney Thurman of Heritage Tree Arboricultural Consulting, Certified Arborist, indicating that the tree has severe decay in the trunk and in the three scaffold branches and is a hazardous situation.
3. Since the tree shows signs of growth, the Community Development Director could not make the determination that the tree is “clearly dead or diseased beyond correction,” and therefore, Section
10.01.050.C of the Oak Tree Ordinance would consider the tree “healthy” and require that the City Council make the determination of whether the tree should be removed or not, after consideration of the factors listed in Section 10.01.050.D.
4. Pursuant to the California Environmental Quality Act (CEQA), the removal and replacement of the tree is categorically exempt pursuant to Section 15304 of the CEQA guidelines as this Class 4 exemption allows alterations in the condition of land and or vegetation when not removing healthy, mature, scenic trees. The Arborist has indicated in their report that the oak tree requested to be removed is in poor condition. Based on this tree not being healthy and not located in area considered scenic, the removal of the trees would warrant a Class 4 exemption.
Options
1. Approve OTR 23-09, authorizing the removal of the 41-inch diameter tree and recommending a replacement tree be planted;
2. Deny OTR 23-09 with findings and require the oak tree to remain and be protected;
3. Provide alternative direction to staff.
Analysis and Conclusions
Paso Robles Municipal Code Section 10.01.050.E requires the City Council to consider the following factors when reviewing the removal of a healthy oak tree. These factors along with staff’s analysis of each factor are listed below:
City Council Agenda September 5, 2023
1. The condition of the oak tree with respect to its general health, status as a public nuisance, danger of falling, proximity to existing or proposed structures, interference with utility services, and its status as host for a plant, pest or disease endangering other species of trees or plants with infection or infestation.
Based on the Arborist Report indicating that there is decay in the roots and trunk and is hazardous, the tree appears to be good candidate for removal.
City Council Agenda September 5, 2023
2. The necessity of the requested action to allow construction of improvements or otherwise allow reasonable use of the property for the purpose for which it has been zoned. In this context, it shall be the burden of the person seeking the permit to demonstrate to the satisfaction of the director that there are no reasonable alternatives to the proposed design and use of the property. Every reasonable effort shall be made to avoid impacting oak trees, including but not limited to use of custom-building design and incurring extraordinary costs to save oak trees.
There is no development proposed with this removal request. This is a request to eliminate a hazardous situation.
3. The topography of land, and the potential effect of the requested tree removal on soil retention, water retention, and diversion or increased flow of surface waters. The director shall consider how either
City Council Agenda September 5, 2023
the preservation or removal of the oak tree(s) would relate to grading and drainage. Except as specifically authorized by the planning commission and city council, ravines, stream beds and other natural watercourses that provide a habitat for oak trees shall not be disturbed.
The tree is not a significant contributor to soil or water retention and does not have an impact on surface waters.
4. The number, species, size, and location of existing trees in the area and the effect of the requested action on shade areas, air pollution, historic values, scenic beauty and the general welfare of the city as a whole.
If the tree is allowed to be removed, there are other trees that would remain in the neighborhood, including a large cluster of oak trees that are located south of the subject property.
5. Good forestry practices such as, but not limited to, the number of healthy trees the subject parcel of land will support.
The removal of the tree will require a minimum of 1.5-inch diameter replacement tree to be planted on site.
Fiscal Impact
There is not a fiscal impact to the City related to this oak tree removal request; however, oak trees can provide value to a property and can be an aesthetic value to the city as a whole.
CEQA
Pursuant to the California Environmental Quality Act (CEQA), the removal and replacement of the tree is categorically exempt pursuant to Section 15304 (minor alterations of land) of the CEQA guidelines.
Recommendation (Option 1)
Approve Resolution 23-XXX OTR 23-09, authorizing the removal of the 41-inch diameter tree and recommending a 1.5-inch replacement tree be planted onsite at the direction of the Arborist.
Attachments
1. Resolution 23-XXX – OTR 23-09 1947 Tulipwood Dr.
a. Exhibit A – Arborist Report
City Council Agenda September 5, 2023
Attachment 1
RESOLUTION 23-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES
AUTHORIZING THE REMOVAL OF ONE OAK TREE
WHEREAS, the City has received an application for oak tree removal permit OTR 23-09 (P23-0040) to remove one Blue oak tree located along the eastern property line of 1947 Tulipwood Drive; and WHEREAS, an Arborist Report was provided by Rodney Thurman of Heritage Tree Arboricultural Consulting, Certified Arborist, indicating that the tree has severe rot/decay in the roots and trunk and is a hazardous situation (See Attachment 1).
WHEREAS, since the tree shows signs of growth, the Community Development Director could not make the determination that the tree is “clearly dead or diseased beyond correction,” and therefore, Section 10.01.050.C of the Oak Tree Ordinance would consider the tree “healthy” and require that the City Council make the determination of whether the tree should be removed or not, after consideration of the factors listed in Section 10.01.050.D; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the removal and replacement of the tree is categorically exempt pursuant to Section 15304 of the CEQA guidelines as this Class 4 exemption allows alterations in the condition of land and or vegetation when not removing healthy, mature, scenic trees. The Arborist has indicated in their report that the oak tree requested to be removed is in poor condition. Based on this tree not being healthy and not located in area considered scenic, the removal of the trees would warrant a Class 4 exemption; and WHEREAS, at their regular meeting on September 5, 2023, the City Council considered the facts as presented in the staff report prepared for this project and accepted public testimony regarding this oak tree removal request.
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. Pursuant to Paso Robles Municipal Code section 10.01.050.D. and based on the entire record including all written and oral evidence presented, the City Council finds that the removal of the Blue oak tree is necessary since the tree has severe rot/decay in the roots and trunk and is creating a hazardous condition.
Section 3: The City Council of the City of El Paso de Robles does hereby:
1. Authorize the removal of one (1) Blue oak tree; and
2. Require the replanting of one (1) 1.5-inch dbh Blue oak replacement tree on site, at the direction of the Arborist.
APPROVED this 5
th day of August 2023, by the following vote:
City Council Agenda September 5, 2023
Attachment 1
AYES:
NOES:
ABSENT:
ABSTAIN:
John Hamon, Mayor Pro-Tem
ATTEST:
Melissa Boyer, City Clerk
Attachments
Exhibit A - Arborist Report
City Council Agenda September 5, 2023
1343 Bishop Street, San Luis Obispo, CA 93401
Tel: 805 234 8760
Email: [email protected] June 16, 2023
To: Karen Thiebaud – 1947 Tulipwood Drive, Paso Robles, CA From: Rodney Thurman – Heritage Tree Arboricultural Consulting Inc.
Re: Tree Risk Assessment - 1947 Tulipwood Drive, Paso Robles, CA Ms. Thiebaud,
The following report is in response to your request for a tree risk assessment of 1 blue oak located on your eastern property line that is shared with 1949 Tulipwood Drive.
Assignment:
• Perform ground based, Level 2, basic inspection for one (1) coast live oak (Quercus douglasii) located on east property line that is shared with 1949 Tulipwood Drive. • Assess tree risk and assign risk rating for a period of 12 months from the date of this report. • Prepare written tree risk assessment report that discusses findings of inspection and prescribes maintenance or removal recommendations to mitigate tree failure hazards that may be present.
Summary:
This tree had significant decay in its three main scaffolds. Its overall condition, in terms of structural integrity, was very poor. The Likelihood of failure for the tree was rated as Probable, which means failure may be expected under normal weather conditions within the specified time frame.
The highest risk of failure for a part of this tree was rated at High and was associated with the 3 main scaffold branches with decay at their attachment points. The most significant targets that tree failure could impact, were homes and by association, people. Mitigation pruning would not be effective in removing the risk of failure of the scaffold branches to an acceptable level.
Because of risk of severe damage to the homes and the potential for loss of human life, I have recommended that the tree be completely removed.
Introduction:
The tree in question is growing on the eastern property line of your 1947 Tulipwood Drive residence.
Because the tree is growing on the property line, the ownership is shared with 1949 Tulipwood Drive.
See Appendix A – Site map and Appendix B Photographs – Photo 1.
Exhibit A
City Council Agenda September 5, 2023
2 My primary focus in performing the tree risk assessment was to identify potential risks of failure and to protect people and property from those failures.
You have contracted me to perform an independent review of the tree and prepare a Tree Risk Assessment report regarding its structural integrity and risk of failure. Additionally, you have requested I provide tree maintenance recommendations to mitigate risk if possible. On June 8, 2023, I assessed the tree and collected data which I have included in this report.
Methodology:
I measured the tree diameter and estimated its height. Diameter at standard height or DSH is measured at 4.5’ above ground. I estimated the height of the tree.
I performed the tree risk assessment consistent with the International Society of Arboriculture (ISA) Level 2, Basic Assessment. A Level 2 assessment is a ground based, 360 visual inspection that looks for defects in the roots, trunk and crown of a tree.
The surrounding environmental conditions, e.g., saturated soils or recent construction near the tree, were also taken into consideration. I looked at the root structure of the tree to determine if there were any signs of uprooting or other disturbance. I also looked for areas of decay or weak points of attachment in the trunk and major branches that might make the tree or part of the tree susceptible to failure. Finally, I looked for signs of declining foliage and branches that might indicate drought stress, disease pathogens or insect infestations.
Targets:
When assessing tree risk, it is essential to identify potential targets a tree or part of tree could strike if it were to fail. For a live tree, the strike zone is 1 times the height of the tree. Therefore a 45’ tall tree would also have a 45’ strike zone radius. Common targets are people, buildings, cars and utilities. I have addressed targets for this tree in the tree risk assessment section included in this report.
Condition Ratings:
Based on my observations, the assessed tree was given a condition rating. Tree ratings were based on the health, structure and presence of disease and insects. See the following definitions below:
• Dead = Severely declining or no foliage, large dead branches, decay cavities, loss of bark, roots decayed or dead.
• Very Poor = Evidence of multiple, large, past branch failures, advanced decay, uncontrollable pest infestations or disease infection. Tree may be in severe decline. • Poor = Tree may be suppressed, drought stressed, or had at least 1 large branch failure.
Disease or pest infestations may be present. Can potentially be retained with attention to mitigation pruning, cultural care changes, pest and disease control. • Fair = May have had minor past failures. Some pests or structural defects may be present, small diameter dead wood present. Minor to moderate drought stress present. Defects may be mitigated with pruning and pests can be controlled.
Exhibit A
City Council Agenda September 5, 2023
3 • Good = A relatively healthy tree with minor to no structural defects with minimal to no pest observed. Defects can be mitigated with maintenance pruning and pests can be controlled. • Very Good = Tree that has had professional arboricultural care. No structural defects, disease or pests identified.
• Excellent = Specimen tree with superior form, root structure and health. Tree has been regularly cared for by professional arborists over its lifetime, E.g., estate or arboretum tree.
Inspection Levels
Level 1 – Limited Visual Inspection – This is a limited walk-by or drive-by, which does not typically include a complete walk around a tree. The inspection focuses on obvious defects, imminent or probable likelihood of failures. There are generally no tools used at this level. This is the fastest and least thorough assessment.
Level 2 – Basic Assessment – Generally includes a complete walk around inspection. Basic tools such as probes, measuring devices, binoculars, mallet or magnifying glass are used. At this level, an aerial inspection is not included. A Level 2 assessment is usually necessary to establish the need for a Level 3 assessment.
Level 3 – Advanced Inspection – Detailed inspection which usually employs the use of special equipment, data collection and analysis. A higher level of training is also required, such as International Society of Arboriculture (ISA) Tree Risk Assessment Qualification. Specialized equipment may include an Air Spade (device that uses compressed air to expose roots or root crown for inspections without causing damage to sensitive plant tissues). Resistograph (drilling devise used to measure and graph wood density) Level 3 inspections may also include sending samples to labs for analysis. A Level 3 inspections will usually take place later because of time needed to perform a Level 2 inspection.
Assessing Tree Structure and Potential to Fail
Estimating the structural integrity of trees is a challenge because, unlike steel I-beams there is no precise engineering standard to help determine the load a tree can withstand. Arborists must use measurement of decay, experience with previous, similar trees as well as factor in the various stressors on the compromised areas within the tree. Trees with thicker exterior trunk wood are obviously going to be stronger. Oval internal decay areas and areas of decay that have broken through the outer shell will be weaker due to the inconsistency of the cylinder.
Tree Risk:
Tree risk is determined by identifying the targets e.g. (people, buildings, vehicles, utilities or other property) that could be injured or damaged by a tree failure. Risk is also determined by the occupancy rate, exposure of the target to the tree hazard, the size of part of the tree that may impact the target if it were to fail, the likelihood of impact on the target, and the consequences of failure on the target. The part of the tree most likely to fail and cause the greatest impact is used to determine the highest overall risk for the tree.
Exhibit A
City Council Agenda September 5, 2023
4 When considering likelihood of failure, the definitions are as follows:
• Imminent – Failure has started or most likely will occur in the near future. Even if there is no significant wind or increased load.
The imminent category overrides the time frame stated in the scope of work. • Probable – Failure may be expected under normal weather conditions within the specified time frame.
• Possible – Failure may be expected in extreme weather conditions, but is unlikely during normal weather conditions during a specified time frame. • Improbable – The tree or part is not likely to fail during normal weather conditions and may not fail in extreme weather conditions within the specified time frame.
Risk Matrices:
I used the International Society of Arboriculture’s Basic Tree Risk Assessment Form to determine the risk. I used Matrix 1 the “Likelihood Matrix” on the form and entered the result into Matrix 2, the “Risk Rating Matrix” to arrive at the risk rating. The following example table shows how risk is determined for the part or parts of the tree being considered in regard to failure potential.
In Matrix 1 “The Likelihood Matrix”, I selected the Likelihood of Failure of tree part as Possible and Likelihood of Impact on a target as High. The combined Likelihood of Failure and Impact from Matrix 1 was Somewhat Likely.
In Matrix 2, the “Risk Rating Matrix”, I entered the result of Somewhat Likely from Matrix 1 into Likelihood of Failure and Impact section of the table. In the Consequences of Failure section of Matrix 2, I selected Significant. The result was Moderate, which determines the risk rating for the part or parts of the tree being assessed.
If multiple parts are being assessed on a tree, the part with the highest risk rating determines the overall risk rating for the tree.
Exhibit A
City Council Agenda September 5, 2023
5 Risk Mitigation:
When assessing risk for a tree, it is important to determine if the risk of tree failure can be reduced through mitigation. Mitigation can be made through moving the target, pruning, cabling, bracing or support structures. Mitigation measures should not be so extreme that they jeopardize the health of the tree. If in order to mitigate a tree failure hazard, a reduction of the tree’s canopy by 50% or more was required, the tree would likely become stressed and die.
Individual Tree Risk Assessment
I performed a Level 2, Basic assessment on the tree in question. The assessment below includes a condition rating as well as potential for retention and mitigation recommendations.
Observations
The tree was a 41” diameter, approximately 55’ tall, blue oak in Very Poor condition. The condition rating was weighted more heavily in terms of structural integrity than foliage health and aesthetic appearance. See Appendix B Photographs – Photos 1-3.
The foliage in the canopy was of good color and normal size for the species. The base of trunk on the east side of the tree had some minor bark decay due to having fill soil placed against it many years ago. This is a potential entry point for pathogens. At this time, there does not appear to be any rot that has entered the vascular tissue or support wood of the trunk. See Appendix B Photographs – Photos 5,6 & 12.
Decay between the 3 main scaffolds (large supporting branches) of the tree was my main concern. The trees framework consisted of a north, center and south scaffold. When viewed from the east, there were 4 major decay areas at the connection points between the scaffolds.
See Appendix B Photographs – Photos 6 - 11.
• Area 1 was located in the transition area from trunk to branches. It was located about 1 foot below the center scaffold. There was a cavity opening approximately 12” wide and the interior wood was decayed. See Appendix B Photographs – Photos 6-8 & 10.
• Area 2 was located between the center and north scaffolds. There was an opening approximately 12” wide. Exposed, decayed wood had signs of termite activity which indicates dead wood. This decay makes both the center and north scaffolds susceptible to failure at their trunk attachment points. See Appendix B Photographs – Photos 6-8 & 10.
• Area 3 was located at the base of the center scaffold and continued between the south scaffold and coalesced into Area 1 below. This area of decay contributes not only to the susceptibility of failure of the center scaffold, but also to the weaking of the north and south scaffold attachments at the trunk.
See Appendix B Photographs – Photos 6,7 & 10.
Exhibit A
City Council Agenda September 5, 2023
6 • Area 4 was in the north scaffold approximately 8 feet above ground and measured approximately 12 inches wide. This area of decay further reduces the structural integrity of the scaffold. See Appendix B Photographs – Photos 10 &
11. On the west side of the tree, 3 more areas of decay, numbered 6,7 & 8 were visible in the center scaffold. They were located at 7.5 feet, 10 feet and 14 feet above ground. All contributed to the degradation of structural integrity of the scaffold. See Appendix B Photographs – Photos 13 &
14. • Area 6 had a decay opening approximately 10 inches in diameter. • Area 7 had an opening approximately 6 inches in diameter and a woodpecker nesting hole was burrowed into it.
• Area 8 had exposed wood, peeling bark and decay caused by a previous pruning cut.
The south scaffold had two secondary branches attached to it. Both secondary branches had significant decay. Decay area 9 in secondary branch “A” and decay area 10 in secondary branch “B” were significantly decayed and made the two branches susceptible to failure. See Appendix B Photographs – Photos 14 – 19 for more detail in regard to locations of branches A and B.
Targets
The targets that this tree could potentially strike were primarily the homes at 1947 and 1949 Tulipwood Drive. By extension, the people occupying the homes as well as the yards are also targets. See Appendix B Photographs – Photos 1-3, 15, 17, 18-20.
Risk Assessment
Below, I have provided a risk matrix table for the parts being assessed. Each table shows the risk assessed for the individual part. The part of the tree most likely to fail and cause the greatest impact was used to determine the highest overall risk for the tree.
I used the International Society of Arboriculture’s Basic Tree Risk Assessment Form to determine the risk. I used Matrix 1 the “Likelihood Matrix” on the form and entered the result into Matrix 2, the “Risk Rating Matrix” to arrive at the risk rating.
Part Assessed – Roots
In Matrix 1 “The Likelihood Matrix”, I selected the Likelihood of Failure of the roots as Improbable because only minor decay was found at the root crown. The Likelihood of Impact on a target was High, due to homes being a permanent fixture. The combined Likelihood of Failure and Impact from Matrix 1 was Unlikely.
Exhibit A
City Council Agenda September 5, 2023
7 In Matrix 2, the “Risk Rating Matrix”, I entered the result of Unlikely from Matrix 1 into the Likelihood of Failure and Impact section of the table. In the Consequences of Failure section of Matrix 2, I selected Severe. The result was LOW, which determined the risk rating for the part of the tree being assessed.
Part Assessed – Trunk
In Matrix 1 “The Likelihood Matrix”, I selected the Likelihood of Failure of the trunk as Improbable due to being relatively sound. The Likelihood of Impact on a target was High, due to homes being a permanent fixture. The combined Likelihood of Failure and Impact from Matrix 1 was Unlikely.
In Matrix 2, the “Risk Rating Matrix”, I entered the result of Unlikely from Matrix 1 into the Likelihood of Failure and Impact section of the table. In the Consequences of Failure section of Matrix 2, I selected Severe. The result was Moderate, which determined the risk rating for the part of the tree being assessed.
Exhibit A
City Council Agenda September 5, 2023
8 Part Assessed – Scaffold Branches
In Matrix 1 “The Likelihood Matrix”, I selected the Likelihood of Failure of the scaffold branches as Probable due to the advanced decay at their trunk connections The Likelihood of Impact on a target was High, due to homes being a permanent fixture. The combined Likelihood of Failure and Impact from Matrix 1 was Likely.
In Matrix 2, the “Risk Rating Matrix”, I entered the result of Likely from Matrix 1 into Likelihood of Failure and Impact section of the table. In the Consequences of Failure section of Matrix 2, I selected Severe. The result was HIGH, which determined the risk rating for the part of the tree being assessed.
Overall Risk
The overall risk for this tree is High. The rating was based on the highest risk rating for an individual part being assessed, which in this case was the scaffold branches.
Exhibit A
City Council Agenda September 5, 2023
9 Mitigation & Conclusion
I recommend complete tree removal as soon as possible.
Significant decay was detected at the trunk connections of the 3 main scaffold branches. Based on the lack of structural integrity in the scaffolds, their likelihood of failure is Probable and the consequence of failure into a target Severe. Installing structural supports or bracing would not increase scaffold stability because the decay is below any point where cabling or supports could be installed. The center scaffold would need to be completely removed which would equate to an approximate 20% canopy reduction. South scaffold pruning would equate to approximately a 30% canopy reduction. North scaffold pruning would equate to approximately a 30% canopy reduction. Mitigation pruning to reduce the likelihood of all scaffold failures to an acceptable level, would need to be so extreme that it would remove up to 80% of the tree’s live canopy in total. This would virtually be equal to a removal. The impact of the extreme pruning, if performed, would significantly stress the tree and greatly reduce its ability to photosynthesize (make food for itself). The tree would also be more susceptible to insects and disease. See Appendix B Photographs – Photos 20 & 21.
Respectfully Submitted,
Rodney D. Thurman
ISA Board Certified Master Arborist PN-2684BUM
ISA Municipal Specialist
ISA Utility Arborist
ISA Tree Risk Assessment Qualification
Appendices: Site Map, Photographs
Exhibit A
City Council Agenda September 5, 2023
10 Appendix A - Site Map
Powered by ArborPro©
# 2
Aerial View of Site - Tree location indicated by arrow.
Subject
Tree
#1947
Home
#1949
Home
Exhibit A
City Council Agenda September 5, 2023
11 Appendix B – Photographs
Photo 1 – View of subject tree from street
1949 Tulipwood Drive 1947 Tulipwood Drive
Subject Tree
Exhibit A
City Council Agenda September 5, 2023
12 Photo 2 – Subject tree viewed to southwest from 1949 driveway.
Exhibit A
City Council Agenda September 5, 2023
13 Photo 3 – Subject tree viewed to southeast from 1947 driveway.
Exhibit A
City Council Agenda September 5, 2023
14 Photo 4 – View from street of subject tree on property line.
Photo 5 – of trunk of subject tree to south. Note trunk buried on east side of tree.
Exhibit A
City Council Agenda September 5, 2023
15 #2
Photo 6 – View of east side of trunk and 3 main scaffolds. Numbers indicate major decay areas. Areas 1-3 are connected. Area 4 has significant interior decay. Area 5 has signs of decay at base of trunk.
#1
#3
#4
#5
South
Scaffold
Center
Scaffold North
Scaffold
Exhibit A
City Council Agenda September 5, 2023
16 Photo 7 – Close view of decay areas on east side of tree. All 3 decay areas are connected inside of the tree, making the union very weak. Arrows indicate likely failure point of scaffold branches. Red dashed lines show internal decay links between the noted areas.
#1
#2
#3
Exhibit A
City Council Agenda September 5, 2023
17 Photo 8 – Close view of decay area 1. Cavity opening is approximately 12” wide. Wood on interior is decayed.
#1
Exhibit A
City Council Agenda September 5, 2023
18 Photo 9 – Close view of decay area 2. Circled area shows decay. Cavity opening is approximately 12” wide. Exposed & decayed wood has signs of termite activity which indicates wood is dead.
#2
Exhibit A
City Council Agenda September 5, 2023
19 Photo 10 – View of north scaffold leaning north and parallel to 1947 home.
Decay areas 1,2 & 3 makes this scaffold susceptible to failure at the branch union. Decay area 4 weakens the branch structure further. Scaffold will need to be reduced approximately 75% to reduce failure potential to an acceptable level. This equates to approximately 30% of the tree’s live canopy.
North
Scaffold
#4 #3
#2
#1
Exhibit A
City Council Agenda September 5, 2023
20 Photo 11 – Close up of decay area 4. Decay opening approximately 12” diameter.
#4
Exhibit A
City Council Agenda September 5, 2023
21 #5
Photo 12 – Decay area 5 on east side of trunk. Due to soil being deposited against trunk above grade, decay has begun to rot bark which makes an entry point for disease pathogens.
Exhibit A
City Council Agenda September 5, 2023
22 Photo 13 – West side of tree. Showing scaffolds North Center & South as well at decay areas 6,7 & 8 in the center scaffold as well as response callous between north and center scaffold due to decay areas 1,2 & 3 on the east side of tree.
Center scaffold requires full removal equating to 20% of the tree’s live canopy.
North scaffold needs to be reduced 75%, equating to 30% of the tree’s live canopy. The south scaffold needs to be reduced 50% to reduced risk of failure to an acceptable level. This equates to another 30% of the trees live canopy.
North
Scaffold
Center
Scaffold
South
Scaffold
Response wood
due to decay areas
on east side of
tree
#6
#7
#8
Exhibit A
City Council Agenda September 5, 2023
23 Photo 14 – East side of tree showing center and south scaffolds. South scaffold leans over 1947 home and backyards of both 1949 and 1949 addresses.
Center
Scaffold
South
Scaffold
Exhibit A
City Council Agenda September 5, 2023
24 Photo 15 – View north of south scaffold from backyard of 1947 home.
Exhibit A
City Council Agenda September 5, 2023
25 Photo 16 – View to north of south scaffold. 1947 home is on left in photo.
Decay areas 9 & 10 indicated by arrows. Yellow lines show locations of recommended cuts A and B needed to remove unstable decayed branches.
B
A
#9
#10
Exhibit A
City Council Agenda September 5, 2023
26 Photo 17 – View northeast of tree and south scaffold from backyard of 1947 home.
Exhibit A
City Council Agenda September 5, 2023
27 Photo 18 – View of tree and south scaffold from backyard of 1949 home.
Exhibit A
City Council Agenda September 5, 2023
28 Photo 19 – View to northwest of tree and south scaffold from 1949 backyard.
Yellow lines show locations for recommended cuts A, B & C. Cuts A & B are for removal of decayed branches. Cut C is for reduction of canopy to reduce stress on structurally unstable south scaffold. Approximately 30% of live canopy would be removed.
A
B
C
Exhibit A
City Council Agenda September 5, 2023
29 Photo 20 – Full view of tree to southwest from 1949 front yard. Yellow lines shows approximate area tree would need to be reduced to mitigate risk of large scaffold failure to an acceptable level. Total live tree canopy would be reduced approximately 80%.
Exhibit A
City Council Agenda September 5, 2023
30 Photo 21 – Area inside yellow delineation shows approximate amount of canopy proposed for removal if tree were to remain. Overall, approximately 80% of live canopy would be remove if scaffold removal and mitigation pruning were performed.
Exhibit A
City Council Agenda September 5, 2023
Council Agenda Report
From: Warren Frace, Community Development Director
Subject: The Landing/Paso Robles Boys School Reuse Project Consultant Agreement Amendments for the Environmental Impact Report and Traffic Impact Study CEQA Determination: The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15061, subd. (b)(2)-(3), 15378.
Date: September 5, 2023
Facts
1. The Paso Robles Boys School facility no longer meets the program requirements of the California Department of Corrections and Rehabilitation and is presently vacant. As a result, Majestic Realty Company (Majestic) purchased the site earlier this year.
2. The project proponent, John Semcken of Majestic, on behalf of the Paso Robles Boys School Reuse Project, has notified the City of their intent to file applications for a General Plan Amendment, Rezone, Development Plan, Tentative Tract Map, Oak Tree Removal permit and Development Agreement for the 137± acre State property located at the northwest corner of Airport Road and Dry Creek Road.
3. Given the scope of the project, an Environmental Impact Report will be required for the proposed project, consistent with the California Environmental Quality Act (CEQA).
4. On March 16, 2021, City Council approved contracts relating to completion of the EIR with SWCA Environmental Consultants ($375,069), Central Coast Transportation Consulting ($128,790), and Todd Groundwater ($24,470) for a total cost of $528,329.
5. Due to the complexity of the traffic and circulation issues in the Airport Area, the Traffic Impact Study scope has continued to change. On January 18, 2022, in recognition of these changing conditions, the City Council approved Central Coast Transportation Consulting Traffic Impact Study (TIS) Contract Amendment 2 in the amount of $70,000.
6. Additional changes were needed to the Draft EIR prior to public circulation that required additional contract amendments for SWCA Environmental Consultants and Central Coast Transportation Consulting. On May 17, 2022, the City Council approved an increase to the total EIR contract which authorized an overall expense of up to $726,785.
7. Additional changes are now needed to the Draft EIR, given that the initial public circulation period has ended, to address the comments concerning the level of congestion along the Golden Hill Corridor and additional biological work. The additional scope of work needed to accomplish these tasks will require additional contract amendments for SWCA Environmental Consultants and Central Coast Transportation Consulting. If approved, the new total of the overall EIR contract would be authorized up to $815,576.
Options
1. Take no action.
2. Authorize the City Manager to execute the following Consultant Agreements amendments:
a. SWCA Environmental Consultants EIR contract amendment 2 increase of $76,791 (not to exceed $550,341).
City Council Agenda September 5, 2023
b. Central Coast Transportation Consultants Traffic Impact Study contract amendment 3 of $12,000 (not to exceed $240,765).
3. Refer back to staff for additional analysis.
Analysis and Conclusions
SWCA and CCTC have completed the majority of the work described in their original contracts. Due to comments received on the Draft EIR concerning the traffic and circulation issues in the Airport Area, the Traffic Impact Study scope has continued to change and requires additional changes that will also affect the Biology sections of the EIR. The attached proposed contract amendments will facilitate the completion of the Response to Comments and Final EIR process.
Fiscal Impact
None - The applicant will be required to reimburse the City for all EIR and TIS costs.
Consultant Task Summary 3/16/21 Contract
Approval
1/18/22
Approved
Amendment 1
5/17/22
Amendment
2 9/5/23
Amendment 3
SWCA EIR EIR Preparation $282,914 $98,481 $76,791
SWCA Optional
Tasks
Optional Tasks to
Expedite Project
Construction
$92,155
Central Coast
Transportation
Consulting Phase 1
Phase 1 – Traffic
Impact Study
(previously
approved by City
Council on
1/22/21)
$29,745
Central Coast
Transportation
Consulting Phase 2
Phase 2 – Traffic
Impact Study
$99,045 $70,000 $29,975 $12,000
Todd Groundwater Water Supply
Assessment
$24,470
Sub-Total $528,329 $70,000 $128,456 $88,791
Total Contract $528,329 $598,329 $726,785 $815,576
City Council Agenda September 5, 2023
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, §§ 15061, subd. (b)(2)-(3), 15378.
Recommendation (Option 2)
Approve attached Resolution 23-XXX, authorizing the City Manager to approve the following contract amendments and amounts:
a. SWCA Environmental Consultants EIR contract amendment 2 increase of $76, 791 (not to exceed $550,341)
b. Central Coast Transportation Consultants Traffic Impact Study contract amendment 3 of $12,000 (not to exceed $240,765).
Attachments
1. Resolution 23-XXX authorizing the City Manager to approve contract amendments. a. Exhibit A – SWCA Contract Amendment 2
b. Exhibit B – Central Coast Transportation Consulting Contract Amendment 3
City Council Agenda September 5, 2023
Attachment 1
RESOLUTION 23-XXX
RESOLUTION OF THE CITY OF EL PASO DE ROBLES CITY COUNCIL
AUTHORIZING EXECUTION OF CONTRACT AMENDMENTS FOR SWCA ENVIRONMENTAL CONSULTANTS
AND CENTRAL COAST TRANSPORTATION CONSULTING TO PREPARE AN ENVIRONMENTAL IMPACT
REPORT (EIR) AND TECHNICAL STUDIES FOR THE PASO ROBLES BOYS SCHOOL REUSE PROJECT “PASO ROBLES BOYS SCHOOL EIR”
WHEREAS, the Paso Robles Boys School facility no longer meets the program requirements of the California Department of Corrections and Rehabilitation and is presently vacant. The State and the City were in negotiations for the purchase of the Property. Those negotiations were not successful, and the State moved forward with soliciting offers from private parties to purchase the Property. The California Department of General Services issued a Request for Written Offers (RWO) to purchase the Boys School on December 14, 2020; offers were due on February 16, 2021.
WHEREAS, the California Department of General Services has notified the City that Majestic is the buyer of the site and a purchase agreement is being prepared. As part of the RWO process, the City prepared a Conceptual Framework Plan for the property, to provide a vision of the possible reuse of the property.
The purpose of the Framework Plan is to serve as a placeholder until the new owner can submit a formal Project Description for the site.
WHEREAS, the project proponent, John Semcken of Majestic Realty Company (Majestic), on behalf of the Paso Robles Boys School Reuse Project, has notified the City of their intent to file applications for a General Plan Amendment, Rezone, Development Plan, Tentative Tract Map, Oak Tree Removal permit and Development Agreement for the 137± acre State property located at the northwest corner of Airport Road and Dry Creek Road.
WHEREAS, given the scope of the project, an Environmental Impact Report will be required for the proposed project, consistent with the California Environmental Quality Act (CEQA).
WHEREAS, On March 16, 2021, as required by the City’s Purchasing Manual, Section 6, which provides that any contract for “professional services” over the amount of $30,000, the City Council approved the following contracts with SWCA Environmental Consultants, Central Coast Transportation Consulting, and Todd Groundwater:
Consultant Task Summary Budget
SWCA EIR EIR Preparation $282,914
SWCA Optional Tasks Optional Tasks to Expedite
Project Construction
$92,155
Central Coast Transportation Phase 1 – Traffic Impact Study $29,745
City Council Agenda September 5, 2023
Attachment 1
Consulting Phase 1 (previously approved by City
Council on 1/22/21)
Central Coast Transportation
Consulting Phase 2
Phase 2 – Traffic Impact Study $99,045
Todd Groundwater Water Supply Assessment $24,470
Total $528,329
WHEREAS, Due to the complexity of the traffic and circulation issues in the Airport Area, the Traffic Impact Study (TIS) scope has continued to change. Accordingly, on January 18, 2022, the City Council approved Central Coast Transportation Consulting TIS Contract Amendment 2 in the amount of $70,000.
WHEREAS, Additional changes were needed to the Draft EIR prior to public circulation that required additional contract amendments for SWCA Environmental Consultants and Central Coast Transportation Consulting. On May 17, 2022, the City Council approved an increase to the total EIR contract which authorized an overall expense of up to $726,785:
Consultant Task Summary 3/16/21 Contract Approval 1/18/22 Approved
Amendment
1 5/17/22
Amendment
2 SWCA EIR EIR
Preparation
$282,
914
$98,481
SWCA Optional
Tasks
Optional Tasks
to Expedite
Project
Construction
$92,155
Central Coast
Transportation
Consulting
Phase 1
Phase 1 –
Traffic Impact
Study
(previously
approved by
City Council
on 1/22/21)
$29,745
Central Coast
Transportation
Consulting
Phase 2
Phase 2 –
Traffic Impact
Study
$99,045 $70,000 $29,975
Todd
Groundwater
Water Supply
Assessment
HE
$24,470
City Council Agenda September 5, 2023
Attachment 1
Sub-Total $528,329 $70,000 $128,456
Total Contract $528,329 $598,329 $726,785
WHEREAS, Additional changes were needed to the Draft EIR to address the comments concerning the level of congestion along the Golden Hill Corridor and additional biological work. The additional scope of work needed to accomplish these tasks required additional contract amendments for SWCA Environmental Consultants and Central Coast Transportation Consulting. On September 5, 2023 the City Council approved an increase to the total EIR contract which authorized an overall expense of up to $815,576.
Consultant Task Summary 3/16/21
Contract
Approval
1/18/22
Approved
Amendment
1 5/17/22
Amendment
2 9/5/23
Amendment
3 SWCA EIR EIR Preparation $282,914 $98,481 $76,791
SWCA Optional
Tasks
Optional Tasks to
Expedite Project
Construction
$92,155
Central Coast
Transportation
Consulting Phase 1
Phase 1 – Traffic
Impact Study
(previously approved
by City Council on
1/22/21)
$29,745
Central Coast
Transportation
Consulting Phase 2
Phase 2 – Traffic
Impact Study
$99,045 $70,000 $29,975 $12,000
Todd Groundwater Water Supply
Assessment
$24,470
Sub-Total $528,329 $70,000 $128,456 $88,791
Total Contract $528,329 $598,329 $726,785 $815,576
NOW, THEREFORE, BE IT RESOLVED that the City Council authorize the City Manager to approve SWCA Environmental Consultants EIR contract amendment 2 increase of $76,791 (not to exceed $550,341) and Central Coast Transportation Consultants Traffic Impact Study contract amendment 3 of $12,000 (not to exceed $240,765).
Approved this 5
th day of September 2023, by the following roll call vote:
City Council Agenda September 5, 2023
Attachment 1
AYES:
NOES:
ABSENT:
ABSTAIN:
John Hamon, Mayor Pro Tem
ATTEST:
_____________________________________________
Melissa Boyer, City Clerk
Exhibit A – SWCA Contract Amendment 2
Exhibit B – Central Coast Transportation Consulting Contract Amendment 3
City Council Agenda September 5, 2023
July 18, 2023
City of Paso Robles
Community Development Department
Attn: Warren Frace, Community Development Director
1000 Spring Street
Paso Robles, CA 93446-2599
Re: Paso Robles Boys School (PRBS) Reuse Plan General Plan Amendment / Development Plan Environmental Impact Report (EIR) / SWCA Project No. 64872 Dear Mr. Frace:
SWCA is requesting an amendment to our contract dated March 16, 2021, and Change Order #1 dated April 22, 2022, to account for several scope changes that have occurred over the last year, including delays to the project schedule. We are conservatively requesting additional funds in the amount of $65,691. These funds account for the following scope changes:
Task Cost
ADEIR Revisions:
• Revisions to ADEIR sections to remove the interim Huer Huero Creek bridge addition from the project description (added in CO 1) and incorporate as a mitigation measure only.
• Revisions to ADEIR to re-add the interim Huer Huero Creek bridge addition as a project description feature.
• Four additional ADEIR versions since CO 1, including two rounds of review and revision requests by Applicant.
$51,487
Additional Biological Work
• 2023 Wet Season Fairy Shrimp Surveys and 90-day Report • Additional agency permitting coordination including revisions to biological reports regarding interim bridge inclusion .
• Revision to David Wolff Section 7 BA to brief cover letter documenting VPFS and SJKF info (in progress)
$20,835
New task to capture Thoma Electrical work and invoice $3,644 Additional project management associated with the above, including coordination meetings with staff.
$10,295
Additionally, our contract expired on March 16, 2023, so we are requesting an extension through the end of the year.
Sincerely,
Brandi Cummings
Project Manager/Lead Environmental Planner
Exhibit A
City Council Agenda September 5, 2023
1650 Ramada Drive, Suite 180, Paso Robles, CA 93446
(805) 237-9626 Fax (805) 237-9181 www.althouseandmeade.com August 14, 2023
Proposal #2935
Carol Florence
Principal Planner
Oasis Associates, Inc.
3427 Miguelito Court
San Luis Obispo, CA 93401
(805) 541-4509
[email protected]
Subject: The Landing Paso Robles, Crotch’s Bumble Bee Surveys Althouse and Meade, Inc. (A&M) is pleased to provide this Proposal to perform surveys for Crotch’s bumble bee (CBB) for The Landing Paso Robles Project (Project). Crotch’s bumble bee is candidate for listing under the California Endangered Species Act. The task below is based on comments from the California Department of Fish and Wildlife (CDFW) on the Project’s Draft EIR recommending protocol surveys for CBB be performed.
Task 1. Crotch’s Bumble Bee Survey
A qualified biologist with appropriate permits from CDFW will perform surveys for CBB according to the Survey Considerations for California Endangered Species Act (CESA) Candidate Bumble Bee Species (CDFW 2023). The Survey Considerations document recommends 3 surveys, spaced 2-4 weeks apart during the colony active period (April to August for CBB). Due to the late season, 3 surveys will not be feasible, therefore this task assumes two surveys will be conducted. Surveys cover annual grassland habitat (~85 acres) within the Project footprint, however hot weather and the large survey area may limit the ability to complete two full surveys within the short timeframe. Therefore, the survey will focus on areas deemed most suitable by the qualified biologist.
Cost includes required pre-survey notification to CDFW and two full field days for two biologists. A technical report of findings will be prepared within three weeks of survey completion.
Total Cost Estimate: $11,100
Exhibit A
City Council Agenda September 5, 2023
Althouse and Meade, Inc.
Proposal 2935 – The Landing Paso Robles, Crotch’s Bumble Bee Surveys 2 Timing: Work will begin upon return of our signed proposal. This proposal is valid for 45 days.
Information Requested: Site access approval.
Terms: Contract is a Not to Exceed estimate to be billed on a Time and Materials (T&M) basis.
Payment for services
Payment is due upon presentation of invoice and must be received within 30 days of invoice date. If payment is not received within 30 days of invoice date a finance charge (1.5% per month) will be assessed from the invoice date. Please contact us if other arrangements are necessary. Melanie Munns ([email protected]) is our point of contact for invoicing.
Additional work
If in our professional judgment, additional work is determined to be necessary it will be billed at our hourly rates. Additional work will only be conducted when agreed to by client.
Acceptance of proposal
To accept this proposal, please sign below and return one copy to our office. Also, please provide billing information and any additional contractual requirements for your accounts payable.
Thank you for the opportunity to be of service.
Proposal offered by: Proposal accepted by:
Client:
Jason Dart
Principal Biologist
For Althouse and Meade, Inc.
For:
Date:
Billing Party:
Billing Address:
Billing Email:
Exhibit A
City Council Agenda September 5, 2023
ATTACHMENT
ALTHOUSE & MEADE, INC.
SCHEDULE OF FEES AND CHARGES
The following describes the basis for compensation for services performed during the fiscal year 2023.
This Schedule of Fees and Charges may be adjusted
annually on January 1 to reflect current economic
conditions. The new Schedule of Fees and Charges
will apply to existing and new assignments.
PERSONNEL CHARGES
The charge for all time required in the performance
of the Scope of Services, including office, field, and
travel time, will be at the Unit Price Hourly Rates set forth below for the labor classifications indicated:
Labor Category Rate
Principal Scientist $210
Principal Biologist $180
Business Manager $170
Range & Plant Scientist $140
Senior Biologist/Project Manager $140
Biologist III/Project Manager $120
Biologist III $110
Biologist II $100
Biologist I $90
Certified Arborist $125
UAV Pilot-Flight Time $200
UAV and TIU Program Manager $125
GIS Program Manager $125
GIS Specialist III $110
GIS Specialist II $100
GIS Specialist I $90
Project Coordinator $90
Technical Editor $90
Senior Administrator $90
Administrative Assistant $85
Technician $75
Special project accounting, reporting and financial
services, including submission of invoice support
documentation, will be charged at the rate of an
Administrative Assistant.
EQUIPMENT CHARGES
Equipment will be charged at standard usage rates.
Equipment use rate schedules are available upon
request.
OTHER CHARGES
SUBCONTRACTORS, EQUIPMENT RENTAL, MISC.
Service subcontracted by A&M to others, rental
equipment, and other costs incurred by A&M will be
charged at cost plus 10 percent.
VEHICLES AND MILEAGE
Field vehicles (pickups, vans, trucks, etc.) used on
project assignments will charge the current mileage
rate established by the Internal Revenue Service at
the time of vehicle use for travel to/from the project
site(s). Daily vehicle rental fee will be in accordance with the equipment schedule.
PER DIEM AND LODGING
Per Diem and Lodging will be billed at the standard
rate based on federal, state, and county guidelines.
Lodging allowance will be 150 percent of the federal
daily rate for the location of each stay.
CREDIT CARD PROCESSING
A five percent processing fee will be assessed for
each credit card transaction.
This fee schedule contains confidential business information and is not to be copied or distributed for any purpose other than the use intended in this contract or proposal.
Exhibit A
City Council Agenda September 5, 2023
(805) 316-0101
895 Napa Ave, Suite A-6, Morro Bay, CA 93442
August 8, 2023
Warren Frace, Community Development Director
City of Paso Robles
1000 Spring Street
Paso Robles, CA 93446
Mr. Frace:
Comments on The Landing Draft EIR concern the level of congestion along the Golden Hill Corridor with the project. Implementation of Travel Demand Management measures will reduce the amount of traffic generated by the project, resulting in lower levels of congestion than are described in the Transportation Impact Study prepared for the project. This proposal describes the tasks necessary to quantify opening day traffic operations with TDM program implementation to inform decisionmakers and the public of the roadway operations with the project in place. CCTC will conduct the following tasks:
• Develop weekday AM and PM opening day forecasts for the Golden Hill Road intersections with Wisteria Lane, Tractor Street, Golden Hill Plaza, and State Route 46. These forecasts will assume construction of the Huer Huero Creek temporary or permanent bridge, the left turn restriction on southbound Airport Road at State Route 46, and implementation of the TDM plan, including shift change restrictions, truck time-of-day restrictions, and shuttle services for employees. Traffic from approved and pending projects in the area will be included. • Evaluate peak hour level of service and queueing under this scenario. • Summarize findings and recommendations in a brief memorandum.
The cost estimate to complete these tasks is $12,000. Please let us know if you have any questions. We appreciate the opportunity to work with you on this major City project.
Sincerely,
Central Coast Transportation Consulting
Joe Fernandez, PE, AICP
Principal
Michelle Matson, PE, TE
Senior Transportation Engineer
Exhibit B
City Council Agenda September 5, 2023
Council Agenda Report
From: Warren Frace, Community Development Director
Subject: Engineering Services Contract Amendment – Provision of Additional Services by MNS Engineering under Current Contract for City Engineering Services CEQA Determination: The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15061, subd. (b)(2)-(3), 15378.
Date: September 5, 2023
Facts
1. The City has a standing contract with MNS Engineering to provide contract engineering and plan check services to the City of Paso Robles.
2. Development activity continues at a record pace, with a significant permit surge in the City Engineer division.
3. The City’s Engineering Division has had an unusual amount of employee turnover as both the City Engineer and Development Review Engineer departed from the Community Development Department in May.
4. In response to this turnover, in order to maintain current levels of service and continue to meet the needs of approved development for City Engineering Services, on May 2, 2023, the City Council approved a professional services agreement with Joe Chouinard, Professional Engineer.
5. In light of the current demands on the Engineering Division, additional contracted work is needed to address the Engineering Division staffing deficiency on an interim basis.
Options
1. Take no action;
2. Authorize the City Manager to execute the MNS Engineering Consultant Agreements amendments authorizing additional contract City Engineering Services, not to exceed $114,810; or
3. Refer back to staff for additional analysis.
Analysis and Conclusions
Construction of the Olsen–South Chandler Specific Plan tract, along with record level development throughout town, has created a surge in demand for Engineering permits, plan check, addendums, and inspections. Coinciding with the increased permit activity has been the loss of multiple engineering staff within the Community Development Department. In light of these compounding factors, the best option available at this time is to authorize additional work by the City’s contract engineers while the City recruits to fill vacancies.
City Council Agenda September 5, 2023
Fiscal Impact
The total estimated cost of additional engineering services is $114,810. However, the contract staff costs will be partially recouped by engineering permit fees. There are organizational and administrative functions this contract position will handle that are General Fund costs.
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, §§ 15061, subd. (b)(2)-(3), 15378.
Recommendation (Option 2)
Approve Resolution 23-XXX, authorizing the City Manager to execute the MNS Engineering Consultant Agreements amendments authorizing additional contract City Engineering Services not to exceed $114,810.
Attachments
1. Resolution 23-XXX – MNS Contract Amendment
a. Exhibit A: MNS Engineering Contract
b. Exhibit B: MNS Additional Service – City Engineering Services
City Council Agenda September 5, 2023
Attachment 1
RESOLUTION 23-XXX
RESOLUTION OF THE CITY OF EL PASO DE ROBLES CITY COUNCIL
AUTHORIZING EXECUTION OF CONTRACT AMENDMENTS FOR ENGINEERING SERVICES CONTRACT AMENDMENT – MNS ENGINEERING CONTRACT CITY ENGINEERING SERVICES ADDITIONAL SERVICES “MNS Contract City Engineer Services”
WHEREAS, the City has a standing contract with MNS Engineering to provide contract engineering and plan check services to the City of Paso Robles.
WHEREAS, development activity continues at a record pace, with a significant permit surge in the City Engineer division.
WHEREAS, the Community Development Department has recently lost multiple engineers and needs to back fill these positions with contract positions.
NOW, THEREFORE, BE IT RESOLVED that the City Council authorize the City Manager to execute the MNS Engineering Consultant Agreements amendments authorizing contract City Engineering Services not to exceed $114,810;
Approved this 5
th day of September 2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John Hamon, Mayor Pro Tem
ATTEST:
_____________________________________________
Melissa Boyer, City Clerk
Exhibit A – MNS Engineering Contract
Exhibit B – MNS Additional Service – City Engineering Services
City Council Agenda September 5, 2023
CITY OF EL PASO DE ROBLES
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of August 31, 2018, by and between the City of El Paso de Robles, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 1000 Spring Street, Paso Robles, CA 93446 ("City"), and MNS Engineers, Inc., a California corporation with its principal place of business at 201 N. Calle Cesar Chavez, Suite 300, Santa Barbara, California (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
ON-CALL ENGINEERING PLAN CHECKING SERVICES (hereinafter referred to as "the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A."
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit "B." b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $200,000 per calendar year. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses.
Periodic payments shall be made within 30 days of receipt of an invoice, which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall 1 82477.07000\30678865.1
APPROVED CONTRACT
10/23/18
City of Paso Robles
Community Development Dept.
Exhibit A
City Council Agenda September 5, 2023
be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four ( 4) years from the date of final payment under the contract for inspection by City.
5. Time of Performance.
Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed").
Consultant shall complete the services required hereunder within the agreed upon time issued in the City's task order. The Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
8. Standard of Care
Consultant's services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 2 824 77 .07000\30678865. l
APPROVED CONTRACT
10/23/18
City of Paso Robles
Community Development Dept.
Exhibit A
City Council Agenda September 5, 2023
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
( 4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for ( 1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
3 824 77.07000\30678865.1
APPROVED CONTRACT
10/23/18
City of Paso Robles
Community Development Dept.
Exhibit A
City Council Agenda September 5, 2023
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using I SO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
C. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must 4 82477 .07000\30678865. l
APPROVED CONTRACT
10/23/18
City of Paso Robles
Community Development Dept.
Exhibit A
City Council Agenda September 5, 2023
specifically include work performed under this Agreement. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Commercial General Liability
Automobile Liability
Combined Single Limit
$1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
$1,000,000 per occurrence for bodily injury and
property damage
Employer's Liability
Professional Liability
$1,000,000 per occurrence
$1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any 5 824 77.07000\30678865. l
APPROVED CONTRACT
10/23/18
City of Paso Robles
Community Development Dept.
Exhibit A
City Council Agenda September 5, 2023
insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) 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 Consultant from liability in excess of such coverage, nor shall it limit the Consultant'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 Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
6 82477.07000\30678865.l
APPROVED CONTRACT
10/23/18
City of Paso Robles
Community Development Dept.
Exhibit A
City Council Agenda September 5, 2023
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant agrees to defend (with counsel reasonable acceptable to the City), indemnify and hold the City, its officials, officers, employees, and volunteers free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses.
Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of "design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California 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 certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which 7 82477.07000\30678865. I
APPROVED CONTRACT
10/23/18
City of Paso Robles
Community Development Dept.
Exhibit A
City Council Agenda September 5, 2023
include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771 .1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
15. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Luis Obispo, State of California.
16. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work for cause under this Agreement by giving ten (10) calendar days written notice to Consultant, or thirty (30) days written notice if termination is not for cause. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports 8 824 77.07000\30678865. l
APPROVED CONTRACT
10/23/18
City of Paso Robles
Community Development Dept.
Exhibit A
City Council Agenda September 5, 2023
and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days' written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
17. Documents. Except as otherwise provided in 'Termination or Abandonment," above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
18. Organization
Consultant shall assign Jeff Edwards, Vice President, as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
19. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
20. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY:
City of El Paso de Robles
1000 Spring Street
Paso Robles, CA 93446
CONSUL TANT:
MNS Engineers Inc.
201 N. Calle Cesar Chavez, Suite 300
Santa Barbara, CA 93103
Attn: David Athey, Community Development Attn: James A. Salvito, President and CEO Department
and shall be effective upon receipt thereof.
9 824 77.07000\30678865. l
APPROVED CONTRACT
10/23/18
City of Paso Robles
Community Development Dept.
Exhibit A
City Council Agenda September 5, 2023
21. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
22. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
23. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
24. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.
25. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
26. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.
27. Time of Essence
Time is of the essence for each and every provision of this Agreement.
28. City's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
10 82477.07000\30678865.1
APPROVED CONTRACT
10/23/18
City of Paso Robles
Community Development Dept.
Exhibit A
City Council Agenda September 5, 2023
29. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE)
11 824 77 .07000\30678865. l
APPROVED CONTRACT
10/23/18
City of Paso Robles
Community Development Dept.
Exhibit A
City Council Agenda September 5, 2023
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF EL PASO DE ROBLES
AND MNS ENGINEERS INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF EL PASO DE ROBLES
By:
Thomas Frutchey
City Manager ID ,. 212.,--
ATIEST:
By:
Kristen L.uxkemper
Deputy, City Clerk
CITY ATIORNEY APPROVAL:
By Ci;;:./? Cf_¥'
REVIEWED:
By ~ ~ proJectM~Af1~ na0
82477.07000\30678865. I
By:
Its:
Printed Name: James A. Salvito
12 APPROVED CONTRACT
10/23/18
City of Paso Robles
Community Development Dept.
Exhibit A
City Council Agenda September 5, 2023
EXHIBIT A
Scope of Services
Consultant is required to provide a wide variety of services related to municipal engineering.
Including, but is not limited to:
1. Review of private development projects and plans to insure consistency with grading, stormwater, and engineering standards and ordinances. This includes review of grading, drainage, low impact development, water, sewer, and other utility plans.
2. Review of public improvement plans to insure compliance with City standards related to roads, stormwater, water, sewer and other utilities.
3. Review other engineering or architectural plans or reports as requested by the City. 13 82477.07000\30678865. I
APPROVED CONTRACT
10/23/18
City of Paso Robles
Community Development Dept.
Exhibit A
City Council Agenda September 5, 2023
EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detained progress report that Indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This Is a time-andmaterials contract. 14 82477.07000\30678865.l
APPROVED CONTRACT
10/23/18
City of Paso Robles
Community Development Dept.
Exhibit A
City Council Agenda September 5, 2023
ENGINEERS INC
2018 STANDARD SCHEDULE OF FEES
PROJECT/PROGRAM MANAGEMENT
Principal-In-Charge ............................. $250
Senior Project/Program Manager ..... 235
Project/Program Manager ................... 200
Assistant ProjecVProgram Manager 175
Senior Project Coordinator .................. 1SO
Project Coordinator .............................. 120
ENGINEERING CONSTRUCTION MANAGEMENT GOVERNMENT SERVICES Principal Engineer ............................... $235 Principal Construction Manager ..... $250 City Engineer ........................................ $200 Lead Engineer ........................................... 210 Senior Construction Manager ........... 235 Deputy City Engineer .......................... 185 Supervising Engineer ............................ 195 Resident Engineer ................................. 210 Assistant City Engineer ......................... 175 Senior Project Engineer ....................... 180 Structure Representative ..................... 185 Plan Check Engineer ............................ 160 Project Engineer ...................... - ......... 16S Construction Manager .............. ......... 185 Permit Engineer-•. _ .. _., _____ ............ 140 Associate Engineer ................................ 150 Assistant Resident Engineer ............... 160 City lnspector ......................................... 125 Assirtant Engineer .................................. 135 Construction Inspector (PIN) ............. 148 City Inspector (PW) ...... -, .... - ............. 148 Office Administrator .............................. 10S Principal Stormwater Specialist ......... 150
SURVEYING
Principal Surveyor . ........................... $220
Supervising Surveyor ........................... 195
TECHNICAL SUPPORT
CADD Manager ................................... $160
Senior Stormwater Specialist:. ............ 135
Stormwater Specialist ............... - ...... 120
Stormwater Technician ................ _ .• , 110
Senior Project Surveyor ........................ 170 Supervis:ing Technician ........................ 145 Building Official ..................................... 150 Project Suiveyor ... - ........... --................. 1 SO SeniorTechnician ................................... 130 Senior Building Inspector ..................... 138 Senior Land Title Analyst. .................... 145 Engineering Technician ......................... 100 Building lnspector ................................. 125 Associate Project Surveyor ................ 135 ADMINISTRATIVE SUPPORT Planning Director •. _,_ .. ___ .. ___ , .•. 185 Assistant Project Surveyor-.............. 125
Party Chief .............................................. 150 Chainperson ............................................ 130 One-Person Sur,,ey Crew ...................... 180
Administrative Analyst ........................ $110
IT Technician ........................................... 105 GraphicMsualization Specialist ......... 95
Administrative Assistant .......................... 70
Senior City Planner ....... . ... ................. 160 Assistant Planner .................................... 145 Senior Grant Writer .............................. 160
Grant Writer ............................................ 135
DIRECT EXPENSES
Use of outside consultants as well as copies, blueprints, survey stakes, monuments, computer plots, telephone, travel {out of area) and all :;imilar charqes directly connected with the work will be charqed at cost plus fifteen percent (15%). Mileaqe will be charqed at the current federal mileage reimbursement rate. Expert Witness services will be charged at three (3) times fisted rate and will include all time for research, deposition, court appearance and expert testimony.
PREVAILING WAGE RATES
Rates shown with Prevailinq Waqe "(PIN)" annotation are u~ed for field work on projects subject to fedenil or state prevailinq wage law.
15 82477.07000\30678865.l
APPROVED CONTRACT
10/23/18
City of Paso Robles
Community Development Dept.
Exhibit A
City Council Agenda September 5, 2023
August 28, 2023
City of Paso Robles
Attention: Warren Frace, Community Development Director Community Development Department
1000 Spring Street
Paso Robles, CA 93446
SUBJECT: Proposal for Development Engineering Services
Dear Mr. Frace:
Thank you for the opportunity to provide this proposal to assist the City’s Community Development Department in delivery of services for the Olsen Ranch and Beachwood Developments in the City. At this time, the City is experiencing a significant amount of new development activity and is in need of assistance to help support the engineering functions. This proposal outlines the scope of work we have developed from discussions with the City.
Our goal is to assist the City with the delivery of the various individual tasks outlined below based upon our understanding of the current need. MNS is proposing to deliver these services by offering the City an experienced team member with over 40 years of development-related experience in the areas the City has identified. As you know MNS is currently providing plan check services for the infrastructure supporting the growth taking place, so this proposal has been developed with that in mind. MNS understands the balance of timely service to the development community and implementation of the standards for new infrastructure to ensure the City’s long-term needs are met. It is anticipated these services will be needed through the end of February 2024.
Scope of Work – Independent Contractor
MNS proposes to perform the following work in support of the City, but not limited to coordination of the delivery public improvements including, RFI review and approval, plan check coordination / tracking, plan approval for construction, inspection coordination, subdivision map processing, project mitigation, project conditions clearance, storm water management plans, public improvement construction and acceptance, encroachment permit support, grading permits, conformance to project approvals. In addition to the above, services will include assisting the City with the implementation of the Community Facilities District.
The independent contractor, providing the Development Engineering Services, will set their own schedule, determine where work will be completed and provide necessary tools for the task.
Exhibit B
City Council Agenda September 5, 2023
Compensation
Based on our understanding of the work effort required, we have estimated that the following fees will be required to provide the services the City is seeking through the end of February 2024. It should be noted that this is a preliminary opinion only and is provided on a time and materials basis based upon the breakdown below. The estimated fee through the end of February 2024 is $114,810. Time will be billed on the hourly rates show on Table A.
Conclusion
We look forward to continuing to work with the City of Paso Robles. Please feel free to contact Robert Newman with any questions you may have about our proposal at 661-510-0111 or [email protected] or me at 805.331.4848 or [email protected] Sincerely,
MNS Engineers, Inc.
Jeff Edwards Vice President
Government Services Division
Exhibit B
City Council Agenda September 5, 2023
City of Paso Robles - Development Services
Program Support Services
Cost Proposal (6 month – Onsite and Virtual)
Table A
Exhibit B
City Council Agenda September 5, 2023
Council Agenda Report
From: Angelica Fortin, Community Services Director
Subject: Approval of Community Resilience Center Grant Application Resolution CEQA Determination: 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.
Date: September 5, 2023
Facts
1. On August 15, 2023, City Council authorized the City Manager to provide a letter of commitment to proceed with the study for the submittal of a State of California Community Resilience Centers (CRC) Program grant planning application for up to $500,000.
2. In the process of completing the application, staff became aware of an inconsistency in the grant application materials.
3. The City’s contracted grant writing firm, Townsend Public Affairs, reached out to the Strategic Growth Council to request clarification.
4. The Strategic Growth Council recognized an inconsistency in the grant guidelines that caused confusion regarding required documentation. They confirmed that an approved resolution that includes authorization to apply for and accept a CRC Planning Grant is required as part of the completed application packet due on September 18, 2023.
Options
1. Take no action;
2. Approve the Resolution authorizing the City Manager to apply for and accept grant funds from the California Strategic Growth Council for a Community Resilience Centers Program Planning Grant in the amount of $500,000;
3. Provide alternative direction to staff.
Analysis and Conclusions
On August 15, 2023, City Council authorized the City Manager to provide a letter of commitment to proceed with the study for the submittal of a State of California CRC Program grant planning application. In the staff report, staff provided details regarding the grant program and the intention to apply for a planning grant that would allow the City to complete a feasibility study to determine if Centennial Park would be a suitable location for a joint Library, Recreation, and Resilience Center.
In the process of completing the CRC grant application, staff became aware of an inconsistency in the application materials. The City’s contracted grant writing firm, Townsend Public Affairs, reached out to the Strategic Growth Council to request clarification. The Strategic Growth Council recognized an inconsistency in the grant guidelines that caused confusion regarding required documentation. They
City Council Agenda September 5, 2023
confirmed that a passed resolution that includes authorization to apply for and accept a CRC Planning Grant is required as part of the completed application packet due on September 18, 2023.
Fiscal Impact
If the grant is awarded, it will cover the costs associated with conducting a community-based feasibility study to determine Centennial Park’s suitability as a centralized joint use Library, Recreation, and Resilience Center facility. A local match is not required and there is no commitment to construct any new facilities or expand programming if awarded a planning grant.
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 authorizing the City Manager to apply for and accept grant funds from the California Strategic Growth Council for a Community Resilience Centers Program Planning Grant in the amount of $500,000.
Attachments
1. Resolution 23-XXX - Community Resilience Center Planning Grant
City Council Agenda September 5, 2023
Attachment 1
RESOLUTION 23-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER’S DESIGNEE TO APPLY FOR AND ACCEPT
GRANT FUNDS FROM THE CALIFORNIA STRATEGIC GROWTH COUNCIL FOR THE COMMUNITY RESILIENCE CENTERS PROGRAM PLANNING GRANT IN THE AMOUNT UP TO $500,000 OR IN ANY OTHER AMOUNT AWARDED; AND, TO NEGOTIATE AND EXECUTE ANY RELATED DOCUMENTS
NECESSARY TO ACCEPT THESE GRANT FUNDS
WHEREAS, increased climate emergencies have resulted in the need to build infrastructure to support the community through extreme weather conditions including flooding, heat, and fires; and WHEREAS, in the 2021-2022 State Climate Resilience Budget, the California Strategic Growth Council was allocated $100 million to implement the Community Resilience Centers (CRC) Program. Senate bill 155 (2021) specified that $25 million would be available in the 2022-2023 fiscal year and $75 million in the 2023-2024 fiscal year; and
WHEREAS, the CRC Program will fund neighborhood level resilience centers to provide shelter and resources during climate and other emergencies, as well as year-round services and programming that strengthen community connections and ability to withstand disasters. Applications will be accepted for planning, development, and implementation of new construction and upgrades for eligible community-serving institutions like libraries and recreation centers; and WHEREAS, Resilience Centers integrated with library and recreational activities offer more practical and productive space to be used during climate events than traditional evacuation and cooling centers; and
WHEREAS, the eastward expansion of the City of Paso Robles, and its proximity to several local schools, positions Centennial Park at a more central location in our community and as a natural place to consider developing a joint Library, Recreation and Resilience Center.
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. Authorizes the filing of a Strategic Growth Council for the Community Resilience Centers Program Grant in the amount up to $500,000.
Section 3. Authorizes the City Manager or the City Manager’s designee to accept and execute the grant agreement if selected for funding.
APPROVED this 5
th day of September, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Council Agenda September 5, 2023
Attachment 1
John Hamon, Mayor Pro Tem
ATTEST:
Melissa Boyer, City Clerk
City Council Agenda September 5, 2023
Council Agenda Report
From: Mark Scandalis, Airport Manager
Subject: Airport Division Fee Update – Footnote Clarification 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(c)(4).
Date: September 5, 2023
Facts
1. On August 1, 2023, the City Council adopted an update to the Airport Division fees. The intent of the fee update was to better cover all operations in the Airport’s specific traffic mix in alignment with industry best practices and provide a revenue source for the Airport that will ultimately allow for needed improvements.
2. The adopted 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.
3. The City Council can, at its discretion, determine that a fee is charged less than the amount necessary to fully recover its cost. This is typically seen in moderate or low-income housing projects realizing fee discounts in order to keep the overall project costs minimal.
4. Prior to adoption at the August 1, 2023 City Council meeting, public comment was heard from Andrew Robillard of ACI Jet. Comments included support for the updated fee structure and the proposal of two additions to the footnotes to the Airport Divisions fees. The proposed changes were as follows:
a. Parking fees are only applicable to aircraft on public areas only, not privately leased areas; and
b. Landing fees are not applicable to aircraft that lease ramp or hangar space from an Airport tenant.
5. The City Council discussed the proposed additions to the footnotes. With the knowledge that 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, Mayor Pro tempore Hamon asked if the proposed changes could be addressed with the document as currently presented, which is the case. Ultimately, the final motion included the addition of the proposed changes to the footnote of the Airport Divisions fees.
6. After Staff review, clarification is necessary to understand the intent of the City Council’s decision as it pertains to the additions to the footnotes to the Airport Divisions fees.
Options
1. Take no action;
2. Adopt clarifying language to the Airport Division fees footnote, to be included in the City’s Comprehensive Fee Schedule. In addition to the footnote presented by staff on August 1, 2023, new additions to the footnote will only include “Parking fees applicable to aircraft on public areas only, not
City Council Agenda September 5, 2023
private lease sites”. The footnote will not include “Landing fees are not applicable to aircraft that lease ramp or hangar space from an Airport tenant”; or
3. Provide alternative direction to staff.
Analysis and Conclusions
Following the August 1st City Council meeting, and upon staff preparing to implement the new fees, it was determined that one of the public comments that was incorporated as part of the City Council motion creates ambiguity that could inhibit the Airport’s ability to collect fees and recover certain costs as originally intended. The language also creates significant potential loopholes and unintended waivers of certain fees associated with tenants of the City’s fixed-based operator (ACI Jet), which requested the additional language that was included in the motion. Equal application of fees across similar users of the Airport is paramount to ensuring the facility continues to meet the aviation community’s expectations and the objectives of the City Council. Equal application of fees also ensures that all of users are paying their fair share toward operations and maintenance of the facility in which they are impacting.
The first public comment that was incorporated into the motion and added as the first footnote to the fee schedule makes parking fees only applicable to aircraft on public areas of the Airport. This addition provides proper clarification to the Airport fees and staff supports it be included in the footnote of the final adopted fee schedule.
The second public comment that was incorporated into the motion and added as the second footnote to the fee schedule states that “landing fees are not applicable to aircraft that lease ramp or hangar space from an Airport tenant.” This language is problematic as written, is ambiguous in its intent and has the potential for irregular application of the new Airport divisions fees. If included in the footnotes of the fee schedule the wording could be used to circumvent landing fees to the detriment of the Airport Enterprise Fund and create an unfair application of fees across similar users at the Airport.
The adopted Airport Division fees as presented at the August 1, 2023 Council meeting provide for industry common exemptions to landing fees. Exemptions to landing fees are by aircraft category not aircraft parking location. Exceptions are included 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. It is recognized that any fee document cannot account for all circumstances that may arise where an exemption to a fee may be warranted. For this reason, 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. The footnote in question could, in certain cases, be used to supersede the Airport staff’s ability to recover costs.
Moreover, the footnote that “landing fees are not applicable to aircraft that lease ramp or hangar space from an Airport tenant” conflates the two different fees, landing and parking. Parking fees and landing fees are independent and are intended to recover costs for two separate areas of the Airport. Parking fees are assessed to recover costs for routine repair and maintenance of parking areas. Landing fees are assessed to recover costs for use of, and routine repair and maintenance of runways and taxiways which lead to parking areas. This proposed change provides that ultimate parking position dictates whether or not an aircraft should pay a landing fee. ACI Jet, as a tenant of the Airport, has the discretion to charge parking fees for its clients on areas of the parking ramp that they lease from the Airport. Inclusion of this change would allow ACI Jet to incentivize parking on its lease area over other areas of the Airport because they would have the ability to waive the City’s landing fee. In summary, inclusion of the proposed change could create a situation where ACI Jet could charge a parking fee for its clients while waiving the City’s landing fee.
City Council Agenda September 5, 2023
The following situations are examples of how the language of proposed change could be used to the detriment of the Airport Enterprise Fund:
1. An Airport tenant could charge a parking fee on its lease areas while incentivizing said parking because the Airport tenant would have the ability to waive the City’s landing fee. The City Council has recently approved a development for large executive hangars. These hangars will be able to store some of the largest aircraft that are able to frequent the Airport. These aircraft have the largest impact on the pavement surfaces. Landing fees are proportional to aircraft size and are intended to recover cost associated with use of the Airports runways and taxiways. If this newly approved development is used for transient overnight parking the Airport would have no ability to recover costs from aircraft that park on the lease site.
2. In a worst-case scenario, an aircraft owner could “lease” a 1X1 SF area from an Airport tenant.
Under the currently adopted footnotes said aircraft owner would now be exempt from landing fees. A commercial operator could “lease” ramp or hangar space from an Airport tenant and could be considered exempt from landing fees due to its final parking position on the Airport tenants lease hold. Such operators could include commercial charter, commercial freight forwarding like UPS or FedEx, foreign military, or other commercial operations that have impacts on the Airport, to which the Airport now has no ability to recover costs.
3. Another scenario that could prove problematic under the currently adopted footnote is CALFIRE’s use of the Airport. Under the current footnote language, all firefighting aircraft could be considered exempt from landing fees for parking on the CALFIRE lease site.
4. Current Airport lease holders could evict based tenants and use their lease sites for transient aircraft parking. Transient aircraft could be incentivized to park on an Airport tenant lease site because of the exemption from landing fees provided by the proposed landing fee footnote.
Fiscal Impact
The updated fee schedule adopted by City Council on August 1, 2023 was intended to provide a revenue source for the continued maintenance of the Airport and to provide necessary capital for the betterment of the Airport.
Assuming the footnote to the fee schedule is not updated, potential aggregate lost landing fee revenue is estimated to be up to $164,000 per year; $80,000 in lost revenue coming from existing CALFIRE and Royal Airforce landing fees and $84,000 in lost revenue coming from the newly adopted landing fee source, transient aircraft >6,000 lbs. The following projections assume all aircraft park on privately leased areas of the Airport and are exempt from landing fees.
1. CALFIRE landing fees: approximately $54,000 per year
2. Royal Airforce Landing fees: approximately $26,000 per year
3. Landing fees for transient Aircraft >6,000 lbs.: approximately $84,000 per year If the footnote is updated to the recommended language the Airport Enterprise Fund would maintain its ability to collect landing fees independent of parking position. The Airport Fund would continue to collect revenue from existing sources, CALFIRE and Royal Airforce, and begin collecting landing fees from the newly approved revenue source, transient aircraft >6,000 lbs.
City Council Agenda September 5, 2023
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 clarifying language to the Airport Division fees footnote, to be included in the City’s Comprehensive Fee Schedule. In addition to the footnote presented by staff on August 1, 2023, new additions to the footnote will only include “Parking fees applicable to aircraft on public areas only, not private lease sites”.
The prior public comment that was incorporated into the motion stating “Landing fees are not applicable to aircraft that lease ramp or hangar space from an Airport tenant” will not be included in the updated fee schedule.
Attachments
1. Resolution 23-XXX – Airport Fee Update – footnote clarification a. Exhibit A –Updated Airport Fees Footnote
b. Public Hearing Notice
City Council Agenda September 5, 2023
Attachment 1
RESOLUTION 23-XXX
A RESOLUTION OF THE CITY OF EL PASO DE ROBLES
CLARIFYING THE FOOTNOTE TO THE AIRPORT FEE SCHEDULE AS PART OF THE COMPREHENSIVE FEE SCHEDULE AND FINDING THE ACTION EXEMPT FROM CEQA
WHEREAS, since at least 1976 the City Council has adopted fees for the Airport Division; and WHEREAS, on June 22, 2023, the Airport Commission recommended an update to the Airport Division fees and on August 1, 2023, during a Public Hearing the City Council adopted the update to the Airport Division fees; and
WHEREAS, at the August 1, 2023 Public Hearing City Council incorporated into the Motion proposed changes to the footnote to the Airport Division fees brought forward during public comment which created some ambiguity in the application of the Airport Divisions fees requiring clarification; and WHEREAS, the updated footnote to the Airport Divisions fees will include “parking fees are applicable to aircraft on public areas, not private lease sites” but will not include “landing fees are not applicable to aircraft that lease ramp or hangar space from an airport tenant”; 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 September 5, 2023 in the City Council Chamber, 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 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 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), 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 3. 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.
City Council Agenda September 5, 2023
Attachment 1
Section 4. 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 5. This Resolution shall become effective immediately upon its adoption.
APPROVED by the City Council of the City of El Paso de Robles this 5 th day of September 2023 by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________________________
John Hamon, Mayor Pro Tempore
ATTEST:
_______________________________________
Melissa Boyer, City Clerk
Exhibit A. Updated Airport Fee footnote
Exhibit B. Public Hearing Notice
City Council Agenda September 5, 2023
Exhibit A
Exhibit A. Updated Airport Fee footnote
City Council Agenda September 5, 2023
Exhibit B
City Council Agenda September 5, 2023
Council Agenda Report
From: Elizabeth Hull, City Attorney
Subject: Options for Filling the Mayor Vacancy due to death of Mayor Steve Martin CEQA Determination: 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.
Date: September 5, 2023
Facts
1. The Mayor, Steve Martin passed away on August 14, 2023, leaving the Mayoral position vacant.
2. Mayor Martin was elected at the November 8, 2022 General Municipal Election and the mayoral term ends on the November 2026 election.
Options
1. Receive an informational report regarding procedural issues and options stemming from the vacancy created by the passing of Mayor Steve Martin and provide direction to staff on next steps.
2. Call for a special election on March 5, 2024.
Analysis
Upon the death of Mayor Steve Martin his office became vacant pursuant to Government Code Section 1770(a). Pursuant to Government Code Section 34902, the City Council has two options for filling the Mayoral vacancy: appoint a replacement within 60 days; or call for a general election not less than 114 days after the vacancy. It should be noted that Government Code section 36512(c)(3) does authorize a city, notwithstanding section 34902, to adopt an ordinance to allow an interim appointment of a qualified person to serve as Mayor only until the seat is filled by special election. However, Paso Robles has not adopted such an ordinance and, based upon the Council’s current meeting schedule, the City could not get an ordinance in place in time to make an interim appointment before the 60 day deadline. Absent such an ordinance, the decision remains an “either/or” situation and, therefore, the seat would remain vacant until either filled by appointment or the special election.
Appointment Option
By majority vote the City Council may fill the mayoral seat by appointment within 60 days of the vacancy.
Since the office became vacant on August 14, 2023, the appointment decision must be made before October 13, 2023. Under Government Code section 34902(a), a Mayoral vacancy appointment is effective for the remainder of the incumbent’s term, regardless of when the vacancy occurs. Consequently, the person appointed would hold office for a remainder of the term, until that seat is up again as part of the regular election cycle in November 2026.
The Government Code does not specify the process by which an appointment must be made. If the Council decides to fill the vacancy by appointment, the Council may select a process that it finds appropriate. For
City Council Agenda September 5, 2023
example, the Council could choose to directly appoint an individual or to accept applications and hold interviews. If the Council chose to directly appoint a sitting Council member to the position of Mayor, that Council seat would become vacant, and the City would either appoint to fill that seat or hold a special election. If the Council decided against a direct appointment, the Council would accept applications and interview applicants.
If the Council chooses to take applications for an appointment an example of the process would be:
1. Notice of the opening advertised on the City’s website, in the local newspaper, and posted at City Hall starting September 7, 2023.
2. Applications accepted for a two-week period from Friday, September 8, 2023 until Friday, September 22, 2023 at 5:00 pm.
a. Starting on September 22, 2023, the City Clerk would review the applications to determine eligibility to hold office.
b. To be eligible to hold the office of Mayor an applicant must be at least 18 years old, be registered to vote in the City, and reside in the City.
3. Council can then either hold a special meeting the week of September 25-29 to review applications or conduct interviews or wait until the next regularly scheduled meeting on October 3, 2023 to consider the applications.
4. Following the interviews, the Council would then either make an appointment, schedule additional interviews, or decide not to appoint and call the special election.
5. If the Council selects an applicant for appointment the oath of office would be administered to the new Mayor.
This is illustrative of the process though it can be modified if the Council desires to utilize an alternative process. If the Council fails to make an appointment by October 13, 2023, then a special election will be called.
Special Election Option
Alternatively, the City Council can call for a special election to fill the vacancy. Government Code Section 34902(a) states that if the Council does not fill the Mayoral vacancy by appointment within the 60-day period, the Council shall call a special election “to be held on the next established election date to be held not less than 114 days thereafter.” The next general election that is at least 114 days away will be held on March 5, 2024. The Council could call a special election and pass a resolution consolidating it with the general election making it a special consolidated election for the election to the office of the mayor. The specially elected person shall hold the office of mayor until the November 2026 election.
Pursuant to Elections Code 4004, the City could choose to do the election by mail-in ballot only. Elections Code section 4004 allows a mail-in ballot if: (a) the city has a population of 100,000 or less as determined by the annual city total population rankings by the Demographic Research Unit of the Department of Finance; (b) the city council authorizes an all-mail ballot election by resolution; (c) the election is a special election to fill a vacancy on the legislative body; (d) the election is not held on the same date as a statewide primary or general election; and (e) the election is not consolidated with any other election (meaning that the election would not appear on the same ballot as another election for the same date).
Staff has contacted the County Registrar and they do not have the capacity to conduct the special election for the City. The City has not conducted a mail-in ballot elections, and based upon current workload, would not be in a position to conduct the election in house. As a result, the City would need to hire a consultant and others to administer a mail-in ballot special election. Additionally, the City Clerk and other City staff
City Council Agenda September 5, 2023
would be assigned to the mail-in special election for the duration of the process, which would have significant impacts on internal capacity. A mail-in ballot election would need to occur between December 30, 2023 (114 days from today) and March 4, 2024 (the day prior to the next general election).
Tie Vote
In the event of a tie vote among the members of City Council on a motion, either to fill the seat by holding a special election, to fill by appointment, or on the actual appointment itself, the motion will fail. Without an approved motion the seat would remain vacant.
Government Code section 34902 states that if the City Council fails to appoint someone as Mayor within the 60-day period, the Council will lose its authority to fill the seat by appointment – it “shall call an election to fill the vacancy. . . .”. No other option is provided in State law if the decision is delayed beyond the 60-day period.
Fiscal Impact
Should the City Council choose to fill the seat through an application process, there would be nominal staff and material costs to facilitate the advertising of the opening, processing of applications, reviewing general eligibility requirements of applicants, and preparing the agenda for a special or regular City Council meeting to review the applications/conduct interviews.
Should the City Council choose to fill the seat through a special consolidated election, it will be necessary utilize the County of San Luis Obispo Clerk-Recorder Office to conduct the election. The cost associated with a special election consolidated with the March 5, 2024 general election is approximately $80,000.
The estimated costs of elections are highly variable based on a variety of factors, including the timing of the election, number of active registered voters, mandated state requirements, and the cost of supplies, postage, and labor. The above estimates do not include City staff time associated with processing candidate(s) paperwork, filings, and other requirements of the City Clerk as part of the elections process.
Should the Council choose to fill the seat through a mail-in ballot only election the costs would likely exceed $100,000. If the Council is interested in pursuing this option Staff will need to solicit proposals from consultants and determine what equipment or resources may be available from the County. The estimated costs of mail-in elections are highly variable based on a variety of factors, including the timing of the election, number of active registered voters, mandated state requirements, and the cost of supplies, postage, and labor. The above estimates do not include City staff time associated with processing candidate(s) paperwork, filings, and other requirements of the City Clerk as part of the elections process.
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
Provide direction to staff on how the Council would like to proceed with filing the vacancy in the Mayor’s office.
City Council Agenda September 5, 2023