Agenda packet — Paso Robles City Council, February 6, 2024 (part 1 of 2)

CITY OF EL PASO DE ROBLES
"The Pass of the Oaks"
City Council Regular Meeting Agenda

Tuesday, February 6, 2024, 5:00 PM
Tuesday, February 6, 2024, 6:30 PM
Library/Conference Center Council Chamber
1000 Spring Street
Paso Robles, CA 93446
Residents can livestream the meeting at www.prcity.com/youtube, and call (805)865-7276 to provide public comment via phone. The phone line will open just prior to the start of the meeting and remain open throughout the meeting to ensure the opportunity to comment on each item heard by the Council, other than brief reports and announcements by staff or the Council.

Written public comments can be submitted via email to [email protected] prior to 12:00 noon on the day of the Council meeting to be posted as an addendum to the Agenda. If submitting written comments in advance of the meeting, please note the agenda item by number or name. City Council meetings will be livestreamed during the meeting and also available to play later on YouTube by accessing the following link: www.prcity.com/youtube. Any writing or document pertaining to an open session item on this agenda which is distributed to a majority of the City Council after the posting of this agenda will be available for public inspection at the time the subject writing or document is distributed. The writing or document will be available for public review in the City Clerk’s Office, 1000 Spring Street, Paso Robles, CA, during normal business hours, and may be posted on the City’s web site at www.prcity.com/meetings.

AMERICANS WITH DISABILITIES ACT Any individual, who because of a disability needs special assistance to attend or participate in this meeting, may request assistance by contacting the City Clerk’s Office (805) 237- 3960. Whenever possible, requests should be made four (4) working days in advance of the meeting.

Pages
A. 5:00 PM CALL TO ORDER
B. ROLL CALL
Councilmember Bausch, Councilmember Gregory, Councilmember Roden, Councilmember Strong, Mayor Hamon
C. CLOSED SESSION ITEMS

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Gov. Code, § 54956.9(d)(2))
Significant Exposure to Litigation: One case
The city has received a cease and desist letter regarding modifications to the Paid Parking Program alleging violations of the Brown Act and other State laws.

D. PUBLIC COMMENT REGARDING CLOSED SESSION MATTERS
E. ADJOURN TO CLOSED SESSION
F. 6:30 PM RECONVENE TO OPEN SESSION
G. PLEDGE OF ALLEGIANCE
H. INVOCATION
City Council Agenda February 6, 2024
Bishop Gabe Abdelaziz, The Revival Center
I. ROLL CALL
Councilmember Bausch, Councilmember Gregory, Councilmember Roden, Councilmember Strong, Mayor Hamon
J. STAFF INTRODUCTIONS
K. REPORT FROM CLOSED SESSION
L. PRESENTATIONS

1. Capital Projects Report
Ditas Esperanza, Capital Projects Engineer
David LaCaro, Public Works Operations Manager
Freda Berman, Public Works Director

2. Travel Paso Annual Update
Chris Huot, Assistant City Manager
Stacie Jacob, Chief Strategist Solterra Strategies
M. GENERAL PUBLIC COMMENTS
This is the time the public may address the Council on items within the Council’s purview but not scheduled on the agenda. All persons desiring to speak on an agenda item are asked to fill out Speaker Information Cards and give them to the City Clerk prior speaking. Each individual speaker will be limited to a presentation total of three (3) minutes per item. Those persons wishing to speak on any item scheduled on the agenda will be given an opportunity to do so at the time that item is being considered.

State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code sec. 54954.2).

N. AGENDA ITEMS TO BE DEFERRED
O. CONSENT CALENDAR

ITEMS ON THE CONSENT CALENDAR ARE CONSIDERED ROUTINE, NOT REQUIRING SEPARATE DISCUSSION. However, if discussion is wanted by a member of the Council or public the item may be removed from the Consent Calendar and considered separately.

Councilmembers and members of the public may offer comments or ask questions of clarification without removing an item from the Calendar. Individual items are approved by the vote that approves the Consent Calendar unless an item is pulled for separate consideration. Items pulled from consent will be heard at the end of the meeting.

1. Approval of January 11, 2024 City Council Special Meeting Minutes 6 - 7 Melissa Boyer, City Clerk

2. Approval of the January 16, 2024 City Council Meeting Minutes 8 - 12 Melissa Boyer, City Clerk

3. Receipt of Warrant Register
Ryan Cornell, Administrative Services Director

4. Approval of a Resolution Repealing Resolution 22-029 and Adopting a Revised City Council Voting District Boundary Map
13 - 19
Melissa Boyer, City Clerk
CEQA Determination: The City finds that this action is not a project under the City Council Agenda February 6, 2024

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California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.

Recommendation: Approve Resolution 24-XXX, repealing Resolution 22-029, adjusting the boundaries of the four City Council districts, and approving a new official Council District Map for the City of El Paso de Robles based on the results of the 2020 Decennial Census.

5. Second Reading and Adoption of Ordinance 1134 N.S. Amending Chapter 9.05 of the Municipal Code
20 - 27
Angelica Fortin, Community Services Director
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, (b)(2).

Recommendation: Waive the second reading and adopt Ordinance 1134 N.S., amending Chapter 9.05 of the City of El Paso de Robles Municipal Code.

6. Authorization to Execute Consent to the Assignment and Assumption of Lease for Sherwood Dog Park to the Central Coast Dog Park Alliance (CCDPA) 28 - 37
Angelica Fortin, Community Services Director
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)(3), 15378(b)(5).

Recommendation: Approve Resolution 24-XXX, authorizing the City Manager to execute the consent to the Assignment and Assumption of Lease for the Sherwood Dog Park and take all other actions necessary to effectuate the assignment and assumption process.

7. Approval of Agreements for Construction and Construction Management for the Paso Fiber Connect Project
38 - 49
Ditas Esperanza, Capital Projects Engineer
CEQA Determination: The City finds that this action is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 1 exemption, which applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing structures, facilities, mechanical equipment, or topographical features where the project involves negligible or no expansion of existing or former use (State CEQA Guidelines Section § 15031).

Recommendation: Approve Resolution 24-XXX, authorizing the City Manager to enter into the following contracts: a) Leo Tidwell for the project construction contract, in the amount of $2,304,466.61; and b) Omni Design Incorporated for construction management services contract, in the amount of $352,510.

8. Approval of Design for a Shade Structure Located Between the Veteran’s Memorial Building and Senior Center
50 - 54
Freda Berman, Public Works Director
CEQA Determination: The City finds that this action to approve the design for a shade structure between the Veteran’s Memorial Building and Senior Center and authorize the preparation of construction bid documents 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 the design for a shade structure located between the Veteran’s Memorial Building and Senior Center and authorize the preparation of construction bid documents.

City Council Agenda February 6, 2024

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9. Approval of Construction Management Services for the Recycled Water Distribution System
55 - 107
Matt Thompson, Recycled Water Manager
CEQA Determination: The City prepared an Initial Study and Mitigated Negative Declaration (IS/MND) for the Recycled Water Distribution System project and circulated it for public comment (State Clearinghouse #2018051033). The City certified the IS/MND and filed a Notice of Determination on August 24, 2018. This action is consistent with the previously certified IS/MND.

Recommendation: Approve Resolution 24-XXX, authorizing the City Manager, subject to legal counsel review, to enter into a professional services agreement with Cannon or an amendment to their existing agreement, for an amount up to $1,998,505, for construction management services for the Recycled Water Distribution System.

10. Approval of a Contract Amendment for Development Review Engineering Consultant
108 - 112
Warren Frace, Community Development Director
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.

Recommendation: Approve Resolution 24-XXX, authorizing the City Manager to approve the Joe Chouinard Interim City Engineering Services contract amendment increase of $13,650 (not to exceed $102,375.)
P. REPORT ON ITEMS APPROVED ON CONSENT
Q. DISCUSSION ITEMS

1. Approval of a Contract with SWCA Environmental Consultants for CEQA Review for Annexation of 133 Acres of City-Owned Property Adjacent to the Landfill, 113 - 138
Accompanying Preparation of Rezoning and General Plan Amendments, Exploration and Application of Relevant Federal and State Grants to Fund a Potential Regional Facility for Advanced Processing of Biosolids and Necessary Associated Infrastructure.

Adam Spaulding, Solid Waste & Recycling Manager
CEQA Determination: The City finds that this action is not a project under the California Environmental Quality Act under State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.

Recommendation: Approve Resolution 24-XXX authorizing the following:

Authorize the City Manager or their designee to undertake the work necessary to prepare the rezoning and associated general plan amendments and enter into a contract with SWCA Environmental Consultants not-to-exceed $60,912 for CEQA review of the LAFCO application submittal for Annexation of 133 acres of City-owned property adjacent to the City’s landfill; and, if approved by the City Council below, other issues necessary to pursue the grant opportunities; and •
Authorize staff to explore and apply for relevant federal and state grants to fund a potential regional facility for advanced processing of biosolids and necessary associated infrastructure.
•

2. Fiscal Years 2024-25 and 2025-26 Budget Process and Timeline 139 - 140 City Council Agenda February 6, 2024

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Ty Lewis, City Manager
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. (b)(2)-(3), 15378.

Recommendation: Direct staff to move forward with noticing/community outreach for the workshop and to endorse the proposed budget development calendar.

R. CITY MANAGER REPORT
S. COUNCIL BUSINESS AND COMMITTEE REPORTS
T. UPCOMING EVENTS
Paso Robles Youth Commission Advisory Committee Meeting February 7, 2024, 5:00 PM
Library Board of Trustees February 8, 2024, 9:00 AM
Paso Robles City Council Special Meeting - Advisory Body Interviews, February 8, 2024, 5:00 PM
Paso Robles Senior Citizen Advisory Committee Meeting February 12, 2024, 1:30 PM Paso Robles Development Review Committee February 12, 2024, 3:30 PM Paso Robles Parks & Recreation Advisory Committee Regular Meeting February 12, 2024, 4:00 PM
Paso Robles Planning Commission Meeting February 13, 2024, 6:30 PM Coffee with the City Manager - Public Safety February 16, 2024, 7:30 AM City Facilities Closed in Observance of Presidents' Day February 19, 2024 Paso Robles City Council Meeting February 20, 2024, 6:30 PM U. ADJOURNMENT
City Council Agenda February 6, 2024

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1 CITY OF EL PASO DE ROBLES
"The Pass of the Oaks"
Paso Robles City Council Special Meeting Minutes
January 11, 2024, 5:00 PM
Large Conference Room - 2nd Floor
1000 SPRING ST
Paso Robles, CA 93446
Councilmembers

Present:

Mayor Hamon, Councilmember Bausch, Councilmember Gregory, Councilmember Roden, Councilmember Strong
_____________________________________________________________________ A. CALL TO ORDER
The meeting was called to order at 5:02 PM.

B. ROLL CALL
Councilmember Bausch, Councilmember Gregory, Councilmember Roden, Councilmember Strong, Mayor Hamon
C. NO GENERAL PUBLIC COMMENT
D. DISCUSSION ITEMS

1. Parks and Recreation Advisory Committee
The Parks and Recreation Committee provides a communication link between the community, City Council and the staff of the Community Services Department as the City strives towards a better quality of life for its citizens. The Committee is advisory in all matters pertaining to parks, recreation, playground and entertainment. The City Council is appointing for one mid-term vacancy that resulted from Committeemember Greg Goodman resigning his position on November 13, 2023.

Applicants:

Greg Baker
Annie Bowsky
Dale Gustin
Wendy McIntire
Reilly Newman

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City Council Agenda February 6, 2024
2 PUBLIC COMMENT: None
Applicant Greg Baker was not present at the meeting. Councilmembers interviewed all other applicants.

Motioned by Councilmember Gregory, seconded by Councilmember Roden, and passed unanimously to appoint Reilly Newman to fill the Parks and Recreation Advisory Committee vacancy effective immediately through June 30, 2025.

AYES: Gregory, Roden, Bausch, Strong, Hamon
E. ADJOURNMENT
Motioned by Councilmember Gregory, seconded by Councilmember Strong, and passed unanimously at 6:12PM to adjourn to the January 16, 2024 City Council meeting. _________________________

THESE MINUTES ARE NOT OFFICIAL OR A PERMANENT PART OF THE RECORDS UNTIL APPROVED

BY THE CITY COUNCIL AT A FUTURE REGULAR MEETING

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City Council Agenda February 6, 2024
1 CITY OF EL PASO DE ROBLES
"The Pass of the Oaks"
Paso Robles City Council Minutes
January 16, 2024, 6:30 PM
Library/Conference Center Council Chamber
1000 Spring Street
Paso Robles, CA 93446
Councilmembers

Present:

Mayor Hamon, Councilmember Bausch, Councilmember Gregory, Councilmember Roden, Councilmember Strong
______
A. 6:30 PM CALL TO ORDER
The meeting was called to order at 6:32 PM.

B. PLEDGE OF ALLEGIANCE
C. INVOCATION
Reverend Sarah-Kate Duran, The Revival Center
D. ROLL CALL
Councilmember Bausch, Councilmember Gregory, Councilmember Roden, Councilmember Strong, Mayor Hamon
E. STAFF INTRODUCTIONS
F. PRESENTATIONS

1. Rotary Club 100th Anniversary Proclamation
Mayor Hamon read a proclamation honoring the 100th Anniversary of the Rotary Club of Paso Robles. Rotary President Bob Vilhauer accepted the proclamation.

G. GENERAL PUBLIC COMMENTS
Dale Gustin, Keith Boyd, Gary Lehrer, Greg Grewal, and Cody Ferguson.

Gary Lehrer provided several documents to Council. Those documents have been addended to the agenda.

H. AGENDA ITEMS TO BE DEFERRED
None

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City Council Agenda February 6, 2024
2 I. CONSENT CALENDAR
PUBLIC COMMENT: Dale Gustin.

Motioned by Councilmember Gregory, seconded by Councilmember Strong, and passed unanimously to approve items 1-12 of the consent calendar.

AYES: Gregory, Strong, Bausch, Roden, Hamon
Roll Call Vote Passed Unanimously

1. Approval of December 19, 2023 Joint City Council Airport Commission Special Meeting Minutes

2. Approval of December 19, 2023 City Council Meeting Minutes

3. Receipt of Advisory Body Minutes

4. Receipt of Warrant Register

5. Receipt of Treasurer’s Report – September 2023

6. Receipt of Treasurer’s Report – October 2023

7. Receipt of Treasurer’s Report – November 2023

8. Receipt of Annual Development Impact Fee Report for FY 2022-23

9. Approval of Professional Services Agreement for Federal Emergency Management Agency Public Assistance Consulting
Resolution 24-001

10. Approval of Side Letter of Agreement with the Paso Robles Police Association

11. Approval of Fifth Amendment to the Airport Solar Project Power Purchase Agreement
Resolution 24-002

12. Approval of a Change Order to North Coast Engineering’s Contract for Creston Road Phase 2 Project
Resolution 24-003
J. REPORT ON ITEMS APPROVED ON CONSENT
City Manager Ty Lewis provided a brief explanation of the items approved on the consent calendar.

K. PUBLIC HEARINGS

1. Second Reading by Title Only of Ordinance Adopting 2022 California Building Standards Code with Local Amendments

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City Council Agenda February 6, 2024
3 PUBLIC COMMENT: None
Motioned by Councilmember Gregory, seconded by Councilmember Bausch, and passed unanimously to introduce for second reading, by title only, Ordinance 1133, an Ordinance of The City of El Paso De Robles, California, Amending Title 17 of the El Paso De Robles Municipal Code to Adopt by Reference the 2022 Edition of the California Building Standards Code (California Code of Regulations, Title 24), including:
a. The 2022 California Administrative Code;
b. The 2022 California Building Code, including Chapter 1; c. The 2022 California Residential Code;
d. The 2022 California Electrical Code;
e. The 2022 California Mechanical Code;
f. The 2022 California Plumbing Code;
g. The 2022 California Energy Code;
h. The 2022 California Historical Building Code;
i. The 2022 California Fire Code, including Chapter 1 and Appendices B and D thereto;
j. The 2022 California Existing Building Code;
k. The 2022 California Green Building Standards Code;
l. The California Referenced Standards Code, 2022 Edition; and m. Making Certain Amendments to Title 17.

2. Find the Action Exempt from the California Environmental Quality Act.

AYES: Gregory, Bausch, Roden, Strong, Hamon
Roll Call Vote Passed Unanimously
L. JOINTLY CONVENE THE CITY OF PASO ROBLES GROUNDWATER SUSTAINABILITY

AGENCY BOARD

ROLL CALL OF THE GROUNDWATER SUSTAINABILITY BOARD OF DIRECTORS Director Bausch, Director Gregory, Director Roden, Director Strong, Chairperson Hamon

1. Approval of Amendment No. 2 to the “Memorandum of Agreement Regarding Preparation of a Groundwater Sustainability Plan for the Paso Robles Groundwater Basin” allowing the County of San Luis Obispo to Serve as a Contracting Agent

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City Council Agenda February 6, 2024
4 PUBLIC COMMENT: Greg Grewal, Dale Gustin, Cody Ferguson, Gary Lehrer, and Mauri Powell.

Acting jointly as the City Council and the Paso Robles Groundwater Sustainability Agency Board, motioned by Councilmember Strong, seconded by Councilmember Gregory, and passed 4-1 (Bausch opposed) to approve Resolution 24-004 authorizing the City Manager on behalf of the City of Paso Robles and the Paso Robles GSA to sign Amendment No. 2 to the “Memorandum of Agreement Regarding Preparation of a Groundwater Sustainability Plan for the Paso Robles Groundwater Basin” to allow the County of San Luis Obispo to serve as an additional contracting agent on behalf of the PBCC.

AYES: Strong, Gregory, Roden, Hamon
NOES: Bausch
Roll Call Vote Passed
M. ADJOURN THE CITY OF PASO ROBLES GROUNDWATER SUSTAINABILITY AGENCY BOARD
The meeting was adjourned at 8:11 PM
N. RECONVENE TO THE CITY OF PASO ROBLES CITY COUNCIL MEETING The meeting was reconvened at 8:11 PM
O. DISCUSSION ITEMS

1. Fiscal Year 2023-24 First Quarter Report: El Camino Homeless Organization (ECHO) Memorandum of Understanding
PUBLIC COMMENT: Gary Lehrer.

Motioned by Councilmember Gregory, seconded by Councilmember Bausch, and passed unanimously, to receive and file ECHO’s FY 23-24 first quarter report and direct staff to disburse payment in the amount of $55,500; approve the first amendment to the ECHO Supplemental MOU; and disband the temporary ECHO AD Hoc Committee.

AYES: Gregory, Bausch, Roden, Strong, Hamon
Roll Call Vote Passed Unanimously

2. Introduction and First Reading of Ordinance Amending Chapter 9.05 of the Municipal Code
PUBLIC COMMENT: None
Motioned by Councilmember Bausch, seconded by Councilmember Strong, and passed unanimously to introduce for First Reading by title only, an ordinance of the City Council of the City of Paso de Robles amending Chapter 9.05 of Title 9 of

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City Council Agenda February 6, 2024
5 the Paso Robles Municipal Code to include pump tracks.

AYES: Bausch, Strong, Gregory, Roden, Hamon
Roll Call Vote Passed Unanimously

3. Acceptance of AMCG Airport Assessment Report and Recommendations Aviation Management Consultant Group - David Ruppel Robert Trimborn Airport Commissioner Phoebe Brown, Airport Commissioner Tony Gaspar, Airport Chairperson Eric Cook
PUBLIC COMMENT: Bill Borgsmiller, Kendall Pearson, David Nutile, and Ben Andros.

Motioned by Councilmember Gregory, seconded by Councilmember Bausch, and passed unanimously to accept the findings of the Airport Assessment Report and Airport Commission ad hoc committee report.

AYES: Gregory, Bausch, Roden, Strong, Hamon
Roll Call Vote Passed Unanimously
P. CITY MANAGER REPORT
City Manager Ty Lewis provided an update on current City activities.

Q. COUNCIL BUSINESS AND COMMITTEE REPORTS
Councilmembers and the Mayor reported on committee attendance and other City related activities. Councilmember Bausch with the support of Council requested that staff return to Council in the future regarding Sister City options, the noise ordinance, and downtown lighting options.

R. UPCOMING EVENTS
S. ADJOURNMENT
Motioned by Councilmember Gregory, seconded by Councilmember Strong, and passed unanimously by voice vote at 10:22 PM to adjourn to the February 6, 2024 regular City Council meeting.
_________________________

THESE MINUTES ARE NOT OFFICIAL OR A PERMANENT PART OF THE RECORDS UNTIL APPROVED

BY THE CITY COUNCIL AT A FUTURE REGULAR MEETING

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City Council Agenda February 6, 2024
Council Agenda Report
From: Melissa Boyer, City Clerk
Subject: Approval of a Resolution Repealing Resolution 22-029 and Adopting a Revised City Council Voting District Boundary Map
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: February 6, 2024
Facts

1. The City Council adopted Resolution 22-029 on April 5, 2022, approving new Council voting district boundaries following the 2020 Census.

2. The approved map contained an area of land that had previously been de-annexed and was not part of the City’s corporate municipal boundary.

3. The previously de-annexed area of land was unpopulated, and no County voters received City ballots in the 2022 election, therefore there was no impact on the 2022 election.

Options

1. Take no action; or

2. Repeal Resolution 22-029, adjusting the boundaries of the four City Council districts and approving a new official Council District Map for the City of El Paso de Robles based on the results of the 2020 Decennial Census; or

3. Amend or modify the resolution as submitted; or

4. Reject the resolution in its entirety.

Conclusions and Analysis
Subsequent to the November 3, 2022 General Municipal Election, the City was informed by the San Luis Obispo County Registrar of Voters that the official Council district map as adopted during the 2021-2022 redistricting process contained an area of land that was not part of the City’s corporate municipal boundary. The land in question was unpopulated area that was previously de-annexed and returned to unincorporated status within the County. As such, the area should not have been included in the revised Council district map. Because the area was unpopulated, no County voters received City ballots and there was no impact to the 2022 City Council election.

The demographic consultant who prepared the post-census redistricting map was contacted and directed to revise the map, removing the unpopulated County land. As the map does not move population or adjust the boundaries within the City from what was approved during the 2021-2022 redistricting Public Hearing process, this Resolution may be approved without conducting additional hearings. The attached Resolution approves the corrected Council district boundary map.

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City Council Agenda February 6, 2024
Fiscal Impact
There is no fiscal impact associated with approving the revised Council district map.

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 (Option 2)
Approve Resolution 24-XXX, repealing Resolution 22-029, adjusting the boundaries of the four City Council districts, and approving a new official Council District Map for the City of El Paso de Robles based on the results of the 2020 Decennial Census.

Attachments

1. Resolution 24-XXX - Repealing Resolution 22-029, Adjusting the Boundaries of the Four City Council Districts and Adopting a Revised Official Council District Map

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City Council Agenda February 6, 2024
Attachment 1
RESOLUTION 24-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES REPEALING RESOLUTION 22-029, ADJUSTING THE BOUNDARIES OF THE FOUR CITY COUNCIL

DISTRICTS, AND APPROVING A NEW OFFICIAL COUNCIL DISTRICT MAP FOR THE CITY OF EL PASO DE ROBLES BASED ON THE RESULTS OF THE 2020 DECENNIAL CENSUS WHEREAS, on April 16, 2019 the City Council adopted Ordinance 1071 N.S. pursuant to Government Code Section 2.65.040 adding Sections 2.65.030 and 2.65.040 to Chapter 2.65 of Title 2 of the City of El Paso de Robles Municipal Code establishing by-district elections for four council members, defining district boundaries, and scheduling the order of election for each district; and WHEREAS, pursuant to Elections Code Section 2.65.040 (C) of the El Paso de Robles Municipal Code, the City Council is required to adjust the boundaries of any or all of the Council Districts following each decennial federal census. Using the census as a basis, the City Council must adjust the boundaries so that the Council Districts are as nearly equal in population as practicable and in compliance with all applicable provisions of law, including the United States and Federal Constitutions and the Federal Voting Rights Act of 1965 (52 U.S.C. Section 10301 et seq.); and WHEREAS, in accordance with California Elections Code Section 21607 and 21607.1, the City Council held public hearings on the drawing of district boundaries on: August 3, 2021 (1st Pre- Draft Public Hearing), October 5, 2021 (2nd Pre-Draft Public Hearing), March 1, 2022, (1st Post-Draft Public Hearing), April 5, 2022 (2nd Post-Draft Public Hearing). At each of the foregoing hearings, the public was invited to provide input on the composition of the new Council district boundaries. Additionally, the City sought the input of the public via the City’s website and social media was also used to conduct outreach to residents. The proposed maps of the district boundaries were published on March 29, 2022 on the City’s redistricting webpage at www.prcity.com/770/City-Council-Districts; and WHEREAS, after closing the public hearing held on April 5, 2022, the City Council selected the map depicted in Exhibit “A” of this Resolution as the official Council District Map for the City of El Paso de Robles and approved by Resolution No. 22-029. Demographic data supporting the map based on the 2020 Census is attached hereto as Exhibit “B” of this Resolution and incorporated herein by this reference; and
WHEREAS, subsequent to the November 3, 2022 General Municipal Election, it was determined the Council District Map adopted by Resolution 22-029 included lands previously deannexed and returned to the County, which were no longer part of the corporate municipal boundaries of the City. The demographic consultant who prepared the Map approved by Resolution 22-029 revised said map to remove the non-municipal lands, and the revised map is depicted in Exhibit “C” of this Resolution as the official Council District Map for the City of El Paso de Robles and approved by this Resolution. Exhibit B remains unchanged.

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. Resolution 22-029 is hereby repealed in its entirety.

Section 3. Based on the information contained in agenda staff reports presented at public hearings held by City Council on the drawing of district boundaries on: August 3, 2021 (1st Pre- Draft Public Hearing), October 5, 2021 (2nd Pre-Draft Public Hearing), March 1, 2022,

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City Council Agenda February 6, 2024
Attachment 1
(1st Post-Draft Public Hearing), April 5, 2022 (2nd Post-Draft Public Hearing), and February 6, 2024 (Consent Calendar), and the City Council evaluation of the available options and the input received from the public the City Council selected the map depicted in Exhibit “C” of this Resolution as the official Council District Map for the City of El Paso de Robles and approved this Resolution.

Section 4. Adoption of New Council District Map. The map attached hereto as Exhibit “C” to this Resolution, and incorporated herein by this reference, is hereby approved and adopted as the Official Council District Map for the City of El Paso de Robles and shall be used in the 2024 general municipal election and all such elections for City Council thereafter, until further amended. The map shall be Exhibit A included in Ordinance 22-1118 amending section

2.65.040 to Chapter 2.65 of Title 2 of the City of El Paso de Robles Municipal Code adjusting the boundaries of the four city council districts and adopting a new official City Council District Map.

Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Resolution shall nonetheless remain in full force and effect. The City Council of the City of El Paso de Robles hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Resolution, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Resolution be declared invalid or unenforceable.

APPROVED this 6
th day of February 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John R. Hamon, Jr., Mayor
ATTEST:

Melissa Boyer, City Clerk
Exhibit A - Council District Map Adopted on 4/5/2022 (Green Map) Exhibit B - Demographic Data Supporting the Green Map Based on the 2020 Census Exhibit C - Revised Council District Map removing Council islands

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City Council Agenda February 6, 2024
Attachment 1

EXHIBIT A

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City Council Agenda February 6, 2024
Attachment 1

EXHIBIT B

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City Council Agenda February 6, 2024
Attachment 1

EXHIBIT C

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City Council Agenda February 6, 2024
Council Agenda Report
From: Angelica Fortin, Community Services Director
Subject: Second Reading and Adoption of Ordinance 1134 N.S. Amending Chapter 9.05 of the Municipal Code
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, (b)(2).

Date: February 6, 2024
Facts

1. On June 6, 2023, City Council approved a contract for the construction of a pump track facility at Barney Schwartz Park. Funding for this project was made available by the REC Foundation and is expected to be completed and operational in March 2024.

2. El Paso de Robles Municipal Code Chapter 9.05 regulates skate park facilities in accordance with Health and Safety Code Section 115800, which brings skateboarding and use of other wheeled devices within the Hazardous Recreational Activity Immunity provided under Government Code Section 831.7.

3. Currently, Chapter 9.05 of the El Paso de Robles Municipal Code does not include pump tracks which are designed to be used by persons riding authorized wheeled recreational devices propelled by human power alone.

4. The City desires to regulate pump track facilities in accordance with Health and Safety Code Section 115800 within El Paso de Robles Municipal Code Chapter 9.05.

5. On January 16, 2024, City Council introduced for first reading proposed Ordinance 1134 N.S. (Attachment 1), amending the City’s Municipal Code section 9.05 to include pump tracks at its regularly scheduled City Council Meeting.

Options

1. Take no action;

2. Waive the second reading and adopt Ordinance 1134 N.S., amending Chapter 9.05 of the City of El Paso de Robles Municipal Code;

3. Provide alternative direction to staff.

Analysis and Conclusions
Chapter 9.05 of the El Paso de Robles Municipal Code regulates skate park facilities in accordance with California Health and Safety Code Section 115800 which brings skateboarding and use of other wheeled devices within the Hazardous Recreational Activity Immunity provided under Government Code Section 831.7. Currently, Chapter 9.05 does not include pump track facilities which are designed to be used by persons riding authorized wheeled recreational devices propelled by human power alone.

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City Council Agenda February 6, 2024
Adopting this ordinance would amend the code to include pump tracks and update the code to:
 Provide definitions for skate park and pump track facilities and specified wheeled devices.  Add language requiring children 12 years of age or younger to be supervised by an adult at all times while at the skate park or pump track.
 Include additional skate park and pump track facilities use regulations for safe use.  Re-assigns the responsibility of posting signage and maintaining record of all known and reported injuries at skate park and pump track facilities to the director of community services.

For further detail, including all changes to the municipal code, please see Attachments No. 1 and 2.

Fiscal Impact
There is no direct fiscal impact from approving this action; however, by updating the municipal code, the City could potentially avoid financial loss due to litigation stemming from potential injuries.

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, (b)(2).

Recommendation (Option 2)
Waive the second reading and adopt Ordinance 1134 N.S., amending Chapter 9.05 of the City of El Paso de Robles Municipal Code.

Attachments

1. Ordinance No. 1134 N.S.- Amending Chapter 9.05 to Include Pump Tracks

2. Redline Ordinance No. 1134 N.S.- Amending Chapter 9.05 to Include Pump Tracks

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City Council Agenda February 6, 2024
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES AMENDING CHAPTER 9.05 OF THE MUNICIPAL CODE OF THE CITY OF EL

PASO DE ROBLES REGARDING SKATE PARK AND PUMP TRACK FACILITIES WHEREAS, El Paso de Robles Municipal Code Chapter 9.05 regulates skate park facilities in accordance with Health and Safety Code Section 115800; and
WHEREAS, a pump track is a small, looping asphalt trail system with rhythmically connected rollers and banked turns that can be ridden continuously without pedaling. Riders use their arms and legs to pump their bikes around the track; and
WHEREAS, the City desires to regulate pump track facilities in accordance with Health and Safety Code Section 115800 within El Paso de Robles Municipal Code Chapter 9.05.

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

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

Section 2. The Council hereby Chapter 9.05 is hereby amended to read as follows:
“Chapter 9.05 SKATE PARK AND PUMP TRACK FACILITIES

9.05.010 Skate park and pump track facility use and fines.

A. Definitions. For the purpose of this section, the following definitions shall apply:

1. Bicycle/BMX bike. A bicycle/BMX bike means a vehicle with two wheels in tandem, propelled by pedals and having handlebars for steering and a saddle-like seat.

2. In-line Skates. In-line skates means footwear containing four or more axles mounted in a straight line extending generally from or behind the heel of the footwear to or in front of the toe of the footwear with a single wheel attached to each axle.

3. Pump Track. A pump track means a surface that involves a circuit of rollers, banked turns, and features designed to be ridden completely by riders generating momentum by up and down body movements, instead of pedaling or pushing.

4. Roller skates. Roller skates means a form of skate with four nonmetallic wheels affixed to the bottom of each boot or shoe with a wheel situated at the outer four corners of each boot or shoe.

5. Scooter. A scooter means a vehicle with a narrow footboard mounted between or atop two tandem wheels that has an upright steering handle attached to the front wheel, and is propelled by pushing one foot against the ground while standing on the footboard with the other foot.

6. Skateboard. A skateboard means a board-like object which has two axles attached to the bottom of the board-like object with two wheels attached to each axle and the user rides or stands upon the board-like object.

7. Skate Park. A skate park means a designated park facility having surfaces designed for skating and skateboarding.

Attachment 1

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City Council Agenda February 6, 2024

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8. Strider. A strider means a bicycle without pedals that a rider propels by pushing their feet against the ground.

9. Tricycle. A Tricycle means a vehicle with three wheels in tandem, propelled by pedals and having handlebars for steering and a saddle-like seat.

10. Unicycle. A Unicycle means a one-wheeled pedal driven vehicle.

B. All users of a skate park or pump track facility are required to wear appropriate safety gear, including helmets, elbow pads and knee pads at all times, pursuant to the requirements of California Health and Safety Code Section 115800.

C. Pursuant to California Health and Safety Code Section 115800, a skate park and a pump track facility are public facilities owned by the City and are deemed hazardous recreational activities within the meaning of Government Code Section 831.7.

D. A skate park facility is for use by persons using skateboards, roller skates and in-line skates only. All other uses are prohibited.

E. A pump track facility is only for use by persons using a bicycle/BMX bike, unicycle, tricycle, strider, skateboard, scooter, in-line skates, and roller skates propelled solely by human power. All other uses are prohibited.

F. Alteration of a skate park or pump track facility is prohibited.

G. Foreign obstacles are prohibited within a skate park and on a pump track, including but not limited to ramps, rails, barricades, or cones.

H. Smoking is not permitted at a skate park or pump track facility.

I. No food or drink or any glass containers are permitted at a skate park or pump track facility.

J. No littering at a skate park or pump track facility.

K. No motorized equipment shall be used in a skate park or pump track facility.

L. No amplified music is permitted at a skate park or pump track facility.

M. No spectators shall be on a skate park or pump track while in use.

N. Any child 12 years of age or younger shall be supervised by an adult at all times while at a skate park or pump track facility.

O. A skate park or pump track facility shall not be used when the track is unsafe to use, including but not limited to wet or icy conditions.

P. All persons using a skate park or pump track facility shall do so at their own risk.

Q. All persons using a skate park or pump track facility shall comply with all posted signage.

R. A violation of any part of this chapter is an infraction and the fine for such violation shall be as follows:

1. For a first offense, the fine shall be twenty dollars;

2. For a second offense, the fine shall be fifty dollars;

3. For a third or subsequent offense within any twelve-month period, the offender's right to use a skate park or pump track facility shall be suspended for a period of not less than six consecutive months.

Attachment 1

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City Council Agenda February 6, 2024
(Supp. No. 61)

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9.05.020 Posting of skate park and pump track facility regulations.

The director of public works shall ensure that a skate park and pump track facility is posted with signs affording reasonable notice of the following:

A. That any person using a skate park or pump track facility must wear a helmet, elbow pads, and knee pads, and that any person failing to do so will be subject to citation as provided for in Section

9.05.010(R);
B. That using a skate park or pump track facility is deemed to be a hazardous recreational activity and that the City of El Paso de Robles entity may not be liable for injuries incurred by persons participating in the hazardous recreational activity.

9.05.030 Record of skate park and pump track facility injuries.

A. The director of community services shall maintain a record of all known or reported injuries by users of a skate park or pump track facility.

B. The director of administrative services shall maintain a record of all claims, paid and not paid, including any lawsuits and their results, arising from those incidents that were filed against the city.” Section 3. California Environmental Quality Act (CEQA). Under Section 15378(b)(2), continued administrative activities such as policy making are not CEQA projects. The amendments to Municipal Code Section 9.05 are policies adopted by the City Council to regulate pump track facilities in addition to the skate park facilities. Additionally, pursuant to Section 15061(b)(3) CEQA does not apply to this amendment because there is no potential for causing a significant effect on the environment.

Section 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.

Section 5. Effective Date. This Ordinance shall be in full force and effect 30 days after its passage and adoption as provided by Government Code section 36937.

Section 6. Publication. A summary of this Ordinance was published at least five (5) days before its adoption and a summary shall be published by the City Clerk within fifteen (15) days of its adoption in a newspaper of general circulation published and circulated within the City, showing the names of those members of the City Council voting for and against the Ordinance.

Attachment 1

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City Council Agenda February 6, 2024

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INTRODUCED at a regular meeting of the City Council held on _______, 2024, for first reading by the City Council of the City of El Paso de Robles, and adopted on the ___ day of ______, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John Hamon, Mayor
Attest:

Melissa Boyer, City Clerk
Attachment 1

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City Council Agenda February 6, 2024
Chapter 9.05 SKATE PARK AND PUMP TRACK FACILITIES