CITY OF EL PASO DE ROBLES
"The Pass of the Oaks"
City Council Regular Meeting Agenda
Tuesday, February 20, 2024, 5:30 PM
Tuesday, February 20, 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. 5:30 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 – EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Name of Case: Steinbeck Vineyards #1, LLC, et al., v. County Of San Luis Obispo, et al., Santa Clara County Superior Court
Case No. 1-14-CV-265039.
2. 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 City Council Agenda February 20, 2024 E. ADJOURN TO CLOSED SESSION
F. 6:30 PM RECONVENE TO OPEN SESSION
G. PLEDGE OF ALLEGIANCE
H. INVOCATION
Pastor Laurene McCoy, Agape Church
I. ROLL CALL
Councilmember Bausch, Councilmember Gregory, Councilmember Roden, Councilmember Strong, Mayor Hamon
J. STAFF INTRODUCTIONS
K. REPORT FROM CLOSED SESSION
L. PRESENTATIONS
1. Teen Dating and Violence Month Proclamation 2024 6 - 6 John R. Hamon, Jr., Mayor
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. OVERVIEW OF ITEMS ON CONSENT CALENDAR
P. 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 February 6, 2024 City Council Meeting Minutes 7 - 10 Melissa Boyer, City Clerk
2. Approval of February 8, 2024 City Council Special Meeting Minutes 11 - 13 Melissa Boyer, City Clerk
3. Receipt of Advisory Body Minutes 14 - 15
Melissa Boyer, City Clerk
Library Board - 01/11/2024
16 - 39
City Council Agenda February 20, 2024
4. Approval of Lease Agreement with EarthTones Gifts, Gallery & Center for Healing for Commercial Space located at the Train Station at 790 Pine Street Paul Sloan, Economic Development 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. (c)(2)-(3), 15378.
Recommendation: Approve Resolution 24-XXX, accepting the EarthTones Gifts, Gallery and Center for Healing proposal for the commercial property 790 Pine Street attached hereto as Exhibit A, authorizing the City Manager to execute leasing agreements, subject to any minor, technical, or non-substantive changes approved by the City Attorney and consistent with Council’s intent.
5. Receipt of Warrant Register
Ryan Cornell, Administrative Services Director
6. Receipt of Development Impact Fee Five-Year Report 40 - 48 Ryan Cornell, Administrative 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, §§ 15060, subd. (c)(2)-(3), 15378.
Recommendation: Receive and file the Five-Year Development Impact Fee Compliance Report.
7. Approval of a Change Order to Stantec Agreement for Design Services in an Amount of $110,200 for Additional Design Services for Vine Street Frontage Improvements 49 - 52
Ditas Esperanza, Capital Projects Engineer
CEQA Determination: The City finds that this action is consistent with the June 18, 2014, mitigated negative declaration certified by the City Council, per Resolution No. 14-076
Recommendation: Approve Resolution 24-XXX, authorizing the City Manager to approve amendment change order to the Stantec Agreement for design services related to the Vine Street realignment to include design services for the Vine Street frontage improvements located at 121 Wilmar Place in the amount of $110,200.
8. Approval of a Change Order to Stantec Agreement for Design Services for the South Vine Bridge and Vine Street Road Realignment Project
53 - 57
9. Authorization for the City Manager to enter into up to Five On-Call Water System Repair Contracts of $60,000 or less, following an informal bidding process, for an Amount Not-Too-Exceed $300,000 Total
58 - 100
Christopher Alakel, Utilities 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, §§ 15060, subd. (c)(2)-(3), 15378. If this action is a project under CEQA the action is exempt pursuant to §15302, Replacement or Reconstruction.
Recommendation: Approve Resolution 24-XXX, authorizing the City Manager to enter into up to five total, individual contracts for on-call services for water system repair work with a total not to exceed amount of $300,000, with each on-call contract not exceeding $60,000, and find the action exempt from CEQA.
10. The Landing/Paso Robles Boys School Reuse Project: Consultant Agreement Amendments for the Environmental Impact Report and Traffic Impact Study 101 - 109
City Council Agenda February 20, 2024
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 attached Resolution 24-XXX, authorizing the City Manager to approve the following contract amendments and amounts:
a. SWCA Environmental Consultants EIR contract amendment 3 increase of $116,092 (not to exceed $666,433).
b. Central Coast Transportation Consultants Traffic Impact Study contract amendment 4 of $24,000 (not to exceed $264,765).
c. Oasis Associates contract amendment 3, increase of $45,000 (not to exceed $165,000).
Q. PUBLIC HEARINGS
1. Approval of Development Plan (PD22-20), Oak Tree Removal (OTR23-11), Vesting Tentative Parcel Map PR 22-0054, and Conditional Use Permit 23-14 at 2930 Union Road/APN: 025-362-043
110 - 307
Darren Nash, City Planner
CEQA Determination: Approve the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan for Project.
Recommendation: Approve the following:
a. Resolution 24-XXX(A), adopting the proposed Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan; and
b. Resolution 24-XXX(B), approving Planned Development 22-20, CUP 23-14, and Oak Tree Removal Permit 23-11; and
c. Resolution 24-XXX(C), approving the Vesting Tentative Tract Map PR 22-0054.
2. Introduction and First Reading of an Ordinance Amending Paso Robles Municipal Code Chapter 12.42, Parking Management, to clarify the process for setting parking rates, reestablishing the Downtown Parking Zone and other clean up measures. 308 - 329
Report back by City Manager on implementation of new parking rates and provide direction to staff regarding a refund process for parking fees paid in the Downtown Parking Zone from February 6, 2023, to February 6, 2024 pursuant to the period authorized under the Government Claims Act.
Elizabeth Wagner Hull, City Attorney
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, §§ 15060, subd. (c)(2)-(3), 15378.
Recommendation: It is recommended that City Council take the following actions:
1. Introduce for first reading by title only, an ordinance of the City Council of the City of El Paso de Robles amending Chapter 12.42 of Title 12 of the Paso Robles Municipal Code to clarify the process for setting parking rates, reestablishing the Downtown Parking Zone and other clean up measures.
2. Receive the report from the City Manager on the implementation and signage for the new downtown parking program (once effective).
3. Direct staff to implement the proposed process as outlined in this report to provide refunds of parking fees collected and citations from February 6, 2023 to February 6, 2024.
City Council Agenda February 20, 2024
R. DISCUSSION ITEMS
1. Report to Council regarding a Cease and Desist Letter Sent by Mr. Gary Lehrer; Request to Authorize Mayor to Execute and Send Response Letter to Mr. Lehrer 330 - 356
Elizabeth Wagner Hull, City Attorney
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. (c)(2)-(3), 15378.
Recommendation: Acknowledge receipt of the procedurally deficient Cease and Desist Letter, and, to reflect the City’s commitment to transparency, authorize the Mayor to execute and send a response letter (in substantially the same form attached hereto as Exhibit B) making an unconditional commitment to “continue to describe agenda items in a manner that is compliant with the Brown Act, and provide sufficient notice to the public of the items of business that are to be discussed or transacted, in order to avoid unnecessary litigation, but without admitting any violation of the Ralph M. Brown Act in connection with the challenged action.”
S. CITY MANAGER REPORT
T. COUNCIL BUSINESS AND COMMITTEE REPORTS
U. UPCOMING EVENTS
Supplemental Sales Tax Oversight Committee Meeting February 21, 2024, 5:30 PM Paso Robles Airport Commission Meeting February 22, 2024, 6:30 PM Paso Robles Development Review Committee February 26, 2024, 3:30 PM Paso Robles Planning Commission Meeting February 27, 2024, 6:30 PM Paso Robles City Council Special Meeting - Budget Workshop, Saturday, March 2, 2024, 10:00 AM
Paso Robles Development Review Committee March 4, 2024, 3:30 PM Paso Robles City Council Meeting March 5, 2024, 6:30 PM V. ADJOURNMENT
City Council Agenda February 20, 2024
PROCLAMATION
TEEN DATING VIOLENCE ACTION AND PREVENTION MONTH
February 2024
WHEREAS, Teen Dating Violence and Prevention Month calls attention to the fact that dating violence is widespread and can affect youth from any background in any community; and
WHEREAS, according to the Center for Disease Control and Prevention (CDC), 1 in 11 female teens and 1 in 15 male teens reported experiencing physical violence in the last year; and
WHEREAS, according to the CDC, 1 in 9 female and 1 in 36 male high school students report having experienced sexual dating violence in the last year; and WHEREAS, according to the CDC, 1 in 3 adolescents report verbal, emotional, physical, or sexual dating abuse each year; and
WHEREAS, rates of dating violence affect LGBTQ+ youth at rates higher than their cisgender and heterosexual peers; and
WHEREAS, teen dating violence has been linked to other forms of violence and aggression, and survivors are more likely to suffer from eating disorders, drug and alcohol use, dropout, teen pregnancy, future abusive relationships, and suicide; and WHEREAS, nearly half of students who experience dating violence have reported that some of the abuse took place on school grounds; and
WHEREAS, the establishment of Teen Dating Violence Action and Prevention Month will benefit schools, communities, families, and all youth; and WHEREAS the City of Paso Robles joins Lumia Alliance and Close to Home and other advocates and communities across the country in preventing dating violence, and acknowledges that each day of the year is an opportunity to create change for the future.
NOW, THEREFORE, BE IT RESOLVED that I, John R. Hamon Jr., by virtue of the authority vested in me as Mayor, and speaking on behalf of the entire City Council, do hereby proclaim February 2024 as Teen Dating Violence Action and Prevention Month in the City of Paso Robles.
IN WITNESS WHEREOF, on this 20th day of February 2024
I have hereunto set my hand and caused the Seal of the
City of Paso Robles to be affixed.
_______________________________________________
John R. Hamon Jr., Mayor
City of El Paso de Robles
City Council Agenda February 20, 2024
1 CITY OF EL PASO DE ROBLES
"The Pass of the Oaks"
Paso Robles City Council Minutes
February 6, 5:00 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. 5:00 PM CALL TO ORDER
The meeting was called to order at 5:00 PM
B. ROLL CALL
Councilmember Bausch (absent at the start of the meeting, but joined the Closed Session at 5:04 PM), 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
None
E. ADJOURN TO CLOSED SESSION
F. 6:30 PM RECONVENE TO OPEN SESSION
G. PLEDGE OF ALLEGIANCE
H. INVOCATION
I. ROLL CALL
City Council Agenda February 20, 2024
2 Councilmember Bausch, Councilmember Gregory, Councilmember Roden, Councilmember Strong, Mayor Hamon
J. STAFF INTRODUCTIONS
K. REPORT FROM CLOSED SESSION
City Attorney Elizabeth Hull reported 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. At this time, the city's intent is to pause charging for parking in the downtown zone and issuing citations pending further review by City Council at the February 20, 2024 City Council Meeting.
L. PRESENTATIONS
1. Capital Projects Report
Capital Projects Engineer Ditas Esperanza, Public Works Operations Manager David LaCaro, and Public Works Director Freda Berman gave an overview of recently completed, in progress, and upcoming projects throughout the city.
PUBLIC COMMENT: Dale Gustin.
2. Travel Paso Annual Update
Stacie Jacob gave a brief presentation on behalf of Travel Paso highlighting the Strategic Plan for 2023-2025 and goals that have been accomplished throughout the past year.
M. GENERAL PUBLIC COMMENTS
Michael Rivera, Dale Gustin, Francisco Ramirez, Gloria Fama, and Liz Lee.
N. AGENDA ITEMS TO BE DEFERRED
None
O. CONSENT CALENDAR
PUBLIC COMMENT: None
Motioned by Councilmember Gregory, seconded by Councilmember Strong, and passed unanimously to approve items 1-10 of the consent calendar.
AYES: Gregory, Strong, Bausch, Roden, Hamon
Roll Call Vote Passed Unanimously
1. Approval of January 11, 2024 City Council Special Meeting Minutes
2. Approval of the January 16, 2024 City Council Meeting Minutes
3. Receipt of Warrant Register
City Council Agenda February 20, 2024
3 4. Approval of a Resolution Repealing Resolution 22-029 and Adopting a Revised City Council Voting District Boundary Map
Resolution 24-005
5. Second Reading and Adoption of Ordinance 1134 N.S. Amending Chapter 9.05 of the 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) Resolution 24-006
7. Approval of Agreements for Construction and Construction Management for the Paso Fiber Connect Project
Resolution 24-007
8. Approval of Design for a Shade Structure Located Between the Veteran’s Memorial Building and Senior Center
9. Approval of Construction Management Services for the Recycled Water Distribution System
Resolution 24-008
10. Approval of a Contract Amendment for Development Review Engineering Consultant
Resolution 24-009
P. REPORT ON ITEMS APPROVED ON CONSENT
City Manager Ty Lewis provided a brief explanation of the items approved on the consent calendar.
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, PUBLIC COMMENT: None
Motioned by Councilmember Gregory, seconded by Councilmember Bausch, and passed unanimously to approve Resolution 24-010, authorizing 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 authorizing 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.
City Council Agenda February 20, 2024
4 AYES: Gregory, Bausch, Roden, Strong, Hamon
Roll Call Vote Passed Unanimously
2. Fiscal Years 2024-25 and 2025-26 Budget Process and Timeline PUBLIC COMMENT: Jeff Carr, Francisco Ramirez, and Kris Beale.
Motioned by Councilmember Gregory, seconded by Councilmember Bausch, and passed unanimously to direct staff to move forward with noticing/community outreach for the March 2, 2024 workshop and to endorse the proposed budget development calendar.
AYES: Gregory, Bausch, Roden, Strong, Hamon
Roll Call Vote Passed Unanimously
R. CITY MANAGER REPORT
City Manager Ty Lewis provided an update on current City activities.
S. COUNCIL BUSINESS AND COMMITTEE REPORTS
Councilmembers and the Mayor reported on committee attendance and other City related activities.
T. UPCOMING EVENTS
U. ADJOURNMENT
Motioned by Councilmember Roden, seconded by Councilmember Bausch, and passed unanimously by voice vote at 9:22 PM to adjourn to the February 8, 2024 Special 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
City Council Agenda February 20, 2024
1 CITY OF EL PASO DE ROBLES
"The Pass of the Oaks"
Paso Robles City Council Special Meeting Minutes
February 8, 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
Councilmembers Absent: Councilmember Strong
_____________________________________________________________________ A. CALL TO ORDER
The meeting was called to order at 5:01 PM.
B. ROLL CALL
Councilmember Bausch, Councilmember Gregory, Councilmember Roden, Councilmember Strong (absent), Mayor Hamon
C. NO GENERAL PUBLIC COMMENT
D. DISCUSSION ITEMS
1. Supplemental Sales Tax Oversight Committee
PUBLIC COMMENT: None
The Supplemental Sales Tax Committee provides a forum for citizens to review and report to both the City Council and the community as a whole on matters relating to Supplemental Sales Tax revenues and expenditures resulting from both Measure N-12, approved by the voters in 2012, and Measure J-20, approved by the voters in 2020. The Committee provides oversight of the expenditures of the supplemental sales tax revenues to ensure that they are being spent on community priorities established by the City Council, based on information gained from business and resident surveys and other means. The Committee shall determine if the funds were spent appropriately, and report that to the Council and public. The Committee may also provide advice to staff and the Council. The recruitment was for seven total member positions, three at-large membership positions and four community organization affiliate membership positions. As of the January 31, 2024 recruitment deadline, there
City Council Agenda February 20, 2024
2 were only two applicants. Staff has extended the recruitment period in order to continue to solicit applications throughout the community and will return to Council at the earliest opportunity to bring future applicants forward for consideration. For the purposes of this interview session, Council will be appointing up to two positions. Applicants:
1. Bryan Dodds
2. Michael McMahon
Councilmembers interviewed both applicants.
Motioned by Councilmember Bausch, seconded by Councilmember Gregory, and passed unanimously to appoint Brian Dodds and Michael McMahon to the Supplemental Sales Tax Oversight Committee.
AYES: Bausch, Gregory, Roden, Hamon
2. Housing Authority
PUBLIC COMMENT: None
The Paso Robles Housing Authority was established in the 1940s and is a separate Agency from the City of Paso Robles. The Authority is primarily responsible for development and operation of affordable and quality housing projects within the City, including the Oak Park Housing Project and the Chet Dotter Senior Apartment Community. The Housing Authority Board of Commissioners is responsible for policy, fiscal management, and the appointment of the Housing Authority Chief Executive Officer. There are seven commissioners, who serve overlapping four-year terms. The City Council appoints members of the Board of Commissioners and will interview to fill three vacancies for Board Commissioners. Two of the vacancies are for tenant commissioners. Applicants:
1. Amanda Earles - tenant
2. Linda George - withdrew ahead of the interview meeting.
3. Virginia Ipsen - tenant
4. Joseph Irick (Incumbent)
5. Laura Parker
Councilmembers interviewed Laura Parker, Amanda Earles, Virgina Ipsen, and Joseph Irick.
Motioned by Councilmember Bausch, seconded by Councilmember Gregory, and passed unanimously to appoint Amanda Earles and Virginia Ipsen as Tenant Commissioners and to appoint Joseph Irick as Commissioner.
3. Planning Commission
PUBLIC COMMENT: None
The Planning Commission prepares and recommends City Council consideration of the General Plan and Zoning Ordinance, including formulation of policies for development and land uses. The Commission also performs duties related to the
City Council Agenda February 20, 2024
3 review and approval/denial of development applications and subdivision maps.
The City Council will interview for two vacancies.
Applicants:
1. Christopher Austin
2. Robert Covarrubias (Incumbent)
3. Carol Dyer
4. Steve Eorio
5. Dale Gustin - not present
6. Ronald Scott Howenstine
7. Joel Neel (Incumbent)
8. Neil Roberts
9. Grant Taylor
Councilmembers interviewed all applicants present.
Motioned by Councilmember Gregory, seconded by Councilmember Bausch, and passed unanimously to appoint Joel Neel and Robert Covarrubias to Planning Commission.
AYES: Gregory, Bausch, Roden, Hamon
E. ADJOURNMENT
Motioned by Councilmember Roden, seconded by Councilmember Gregory, and passed unanimously by voice vote at 9:27 PM to adjourn to the regular City Council meeting on February 20, 2024.
_________________________
THESE MINUTES ARE NOT OFFICIAL OR A PERMANENT PART OF THE RECORDS UNTIL APPROVED
BY THE CITY COUNCIL AT A FUTURE REGULAR MEETING
City Council Agenda February 20, 2024
CITY OF EL PASO DE ROBLES
“The Pass of the Oaks”
LIBRARY BOARD OF TRUSTEES MINUTES
Thursday, January 11, 2024
Council Chamber, 1000 Spring St, Paso Robles
A. CALL TO ORDER
The meeting was called to order at 9:00 AM.
B. ROLL CALL
Trustees Jacob Allred, Michael Miller, Laurie Buchholz, Marilu Gomez, Raymond Hardie
Absent: None
City Staff Present: Angelica Fortin, Community Services Director; Eric Lashley, City Librarian; Don Rader, Administrative Assistant III
City Council Present: Councilman Fred Strong, Councilman Chris Bausch C. STAFF INTRODUCTIONS
None.
D. PRESENTATIONS
1. City Librarian Report
Eric Lashley, City Librarian
E. GENERAL PUBLIC COMMENTS
None.
F. CONSENT CALENDAR
1. Approval of Minutes from the December 14, 2023, Meeting ROLL CALL VOTE: Motion by Trustee Miller, seconded by Trustee Buchholz, passed Unanimously to approve. Voice vote: Aye-5, Nay-0.
2. Council Meeting Highlights
December 5 & December 19, 2023.
RECEIVED AND FILED
G. COMMUNITY SERVICES DIRECTOR REPORT
1. Angelica Fortin, Community Services Director
City Council Agenda February 20, 2024
H. COUNCILMEMBER REPORT
1. Fred Strong, Councilman; Chris Bausch, Councilman
I. TRUSTEE COMMENTS
Trustee Miller discussed attending the Library Foundation meeting, Trustee Hardie discussed the Friends of the Library.
J. ADJOURNMENT
Motioned by Trustee Miller, seconded by Trustee Hardie and passed 5-0 by voice vote at 10:04 AM to adjourn to the February 8, 2024, regular Library Board of Trustees meeting.
K. ATTACHMENTS
1. December 14, 2023, Minutes
2. Staff Report
3. December 5 & December 19, 2023, City Council Highlights
THESE MINUTES WERE APPROVED BY THE LIBRARY BOARD OF TRUSTEES AT THEIR FEBRUARY 8, 2024 MEETING.
City Council Agenda February 20, 2024
Council Agenda Report
From: Paul Sloan, Economic Development Manager
Subject: Approval of Lease Agreement with EarthTones Gifts, Gallery & Center for Healing for Commercial Space located at the Train Station at 790 Pine Street 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 20, 2024
Facts
1. The City of Paso Robles owns and maintains property located at 790 and 800 Pine Street, also known collectively as the Train Station.
2. On February 21, 2023, Council approved a Lease Agreement with Congressman Jimmy Panetta to lease the 800 Pine Street portion of the office space at the Train Station for a period of 22 months as a local Congressional District Office, beginning February 22, 2023.
3. The 790 Pine Street commercial space at the Train Station is currently unleased and remains vacant.
4. EarthTones Gifts, Gallery & Center for Healing ("EarthTones") has operated at 1319 Park Street since 2008, offering locally made, handcrafted and curated arts, crafts, jewelry, and gifts, as well as on-site programs for holistic therapies (mindfulness, massage therapy, yoga, and personal training).
5. In 2021, the building at 1319 Park Street was sold and the new owners have notified EarthTones that the property will be undergoing significant changes and modifications of property use, necessitating a change of location for EarthTones.
6. After a broad location search and working with City staff, the owners of EarthTones feel the unique 790 Pine Street commercial space at the Train Station will be a good fit for their customers, both locals and repeat tourists.
7. EarthTones has submitted a proposal to lease the 790 Pine Street portion of the space at the Train Station for a period of two years, with options to extend, as a commercial business location beginning March 01, 2024 (see Exhibit A of Attachment 1).
8. The proposed lease is outside the California Surplus Land Act (Gov. Code §§ 54220, et. seq.) based on the lease duration and the scope of permitted activities.
Options
1. Take no action;
2. Approve the lease with EarthTones Gifts, Gallery & Center for Healing for commercial space at 790 Pine Street; or
3. Provide alternative direction to staff.
Analysis and Conclusions
Congressional redistricting in 2022 divided San Luis Obispo County into two parts with northern San Luis Obispo County becoming part of District 19 for the 118th Congress, sworn in on January 3rd, 2023.
City Council Agenda February 20, 2024
Congressman Jimmy Panetta, the elected U.S. Representative for District 19, submitted a proposal for leasing the 800 Pine Street portion of the office space at the Train Station for a period of twenty-two (22) months as a local Congressional District Office.
The 800 Pine Street lease is for approximately 1,100 square feet of office space at the Train Station, leaving approximately 944 square feet of space available in the 790 Pine Street portion of the Train Station for potential lease by the City to an additional tenant or tenants (see Exhibit B of Attachment 1).
If the lease is not approved, EarthTones would need to find an alternate location for business operations.
Additionally, taking no action will mean the commercial space at 790 Pine Street will not have a tenant for an undetermined period thereafter, until alternate action is taken.
Approving the lease of the space at 790 Pine Street to EarthTones will not only provide rent revenue for the City, but also make it possible for a local small business to remain in Paso Robles, serving their local clientele as well as visitors. As a key gateway to the City, the addition of tenants at this space will increase foot traffic at the site, deterring undesirable activity around the train station.
Fiscal Impact
The terms of the lease agreement require EarthTones to pay the City $1,689.76 per month for access to space at the commercial site. Should EarthTones utilize all 24 months of the lease, the total additional revenue to the City is $40,554.24.
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 because it can be seen with certainty that the short-term lease and uses contemplated by that lease will not result in a direct or reasonably foreseeable indirect physical change in the environment.
Recommendation (Option 2)
Approve Resolution 24-XXX, accepting the EarthTones Gifts, Gallery and Center for Healing proposal for the commercial property 790 Pine Street attached hereto as Exhibit A, authorizing the City Manager to execute leasing agreements, subject to any minor, technical, or non-substantive changes approved by the City Attorney and consistent with Council’s intent.
Attachments
1. Resolution 24-XXX – Train Station Lease - EarthTones a. Exhibit A – EarthTones Gifts, Gallery and Center for Healing Lease Proposal b. Exhibit B – Floorplan of Premises
City Council Agenda February 20, 2024
Attachment 1
RESOLUTION 24-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES
APPROVING THE LEASE AGREEMENT WITH EARTHTONES GIFTS, GALLERY, AND CENTER FOR HEALING FOR THE CITY-OWNED COMMERCIAL PROPERTY 790 PINE STREET.
WHEREAS, the City of Paso Robles owns and maintains property located at 790 and 800 Pine Street, also known collectively as the Train Station; and
WHEREAS, on February 21, 2023, Council approved a Lease Agreement with Congressman Jimmy Panetta to lease the 800 Pine Street portion of the office space at the Train Station for a period of twenty-two (22) months as a local Congressional District Office beginning February 22, 2023; and WHEREAS, the 790 Pine Street commercial space at the Train Station is currently unleased and remains vacant; and
WHEREAS, EarthTones Gifts, Gallery & Center for Healing ("EarthTones") has operated at 1319 Park Street since 2008, offering locally made, handcrafted and curated arts, crafts, jewelry, and gifts, as well as on-site programs for holistic therapies (mindfulness, massage therapy, yoga, and personal training); and
WHEREAS, in 2021, the building at 1319 Park Street was sold and the new owners have notified EarthTones that the property will be undergoing significant changes and modifications of property use, necessitating a change of location for EarthTones; and
WHEREAS, after a broad location search and working with City staff, the owners of EarthTones feel the unique 790 Pine Street commercial space at the Train Station will be a good fit for their customers, both locals and repeat tourists; and
WHEREAS, EarthTones has submitted a proposal to lease the 790 Pine Street portion of the space at the Train Station for a period of two (2) years, with options to extend, as a commercial business location beginning March 01, 2024; and
WHEREAS, the proposed lease is outside the California Surplus Land Act (Gov. Code §§ 54220, et. seq.) based on the lease duration and the scope of permitted activities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. All of the above recitals are true and correct and incorporated herein by reference.
Section 2. The City Council hereby approves the lease agreement for the commercial property 790 Pine Street in substantially the form attached hereto as Exhibit A, authorizing the City Manager to execute leasing agreements, subject to any minor, technical, or non-substantive changes to the lease proposal, approved by the City Attorney, and consistent with Council’s intent.
Section 3. The City Council finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060,
City Council Agenda February 20, 2024
Attachment 1
subd. (c)(2)-(3), 15378 because it can be seen with certainty that the short-term lease and uses contemplated by that lease will not result in a direct or reasonably foreseeable indirect physical change in the environment.
APPROVED this 20th day of February 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John Hamon, Mayor
ATTEST:
Melissa Boyer, City Clerk
Exhibit A – Lease Proposal – Train Station 790 Pine Street Exhibit B – Floorplan of Premises
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Council Agenda Report
From: Ryan Cornell, Administrative Services Director
Subject: Receipt of Development Impact Fee Five-Year Report 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 20, 2024
Facts
1. The Mitigation Fee Act, specifically Government Code Section 66000 et seq., establishes the criteria by which municipal governments may charge developments impact fees for the cost of providing new facilities, including public improvements, public services, and community amenities.
2. A key premise of the Mitigation Fee Act is that existing development should not subsidize new development; the new development should pay its own way. Similarly, new development should not bear costs related to the correction of service level deficiencies within existing development.
3. Development impact fees are collected for different categories of public facilities and are maintained in separate interest-bearing funds which are used only to pay for the designated category of facilities and equipment. Interest income is allocated to each impact fee account based upon its proportionate share of total invested City cash resources.
4. The Mitigation Fee Action also requires local agencies to complete ongoing reporting, including a requirement to adopt “five-year findings” accounting for development impact fee proceeds held unexpended beginning the fifth year and every five years .
5. The City’s Five-Year Development Impact Fee Compliance Report (Attachment No. 1) includes the following findings for each of the applicable impact fees the City charges which have been held for five years:
a. Identify the purpose to which the fee will be put;
b. Demonstrate the reasonable relationship between the fee and the purpose for which it is charged;
c. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements for which impact fees are to be used; d. Designate the approximate dates on which the funding necessary to complete financing of those improvements will be deposited into the appropriate account or fund.
6. The City’s Five-Year Development Impact Fee Compliance Report does not change or alter any existing development impact fees.
Community Outreach
The Five-Yer Development Impact Fee Compliance Report was made available for public review on the City’s website starting on February 5, 2024, at least 15 days prior to the date of this regularly scheduled public meeting. Physical copies were also available upon request at the City Clerk’s office, at least 15 days
City Council Agenda February 20, 2024
prior to the date of the public meeting, for any interested party wishing to review the information in person. There are currently no interested parties that have filed a written request for mailed notice of meetings related to the City’s development impact fees. As such, the City was not required to mail written notices to interested parties pursuant to Government Code section 66006, subdivision (b)(2). .
Options
1. Take no action;
2. Receive and file the Five-Year Development Impact Fee Compliance Report;
3. Provide alternative direction to staff.
Analysis and Conclusions
Prior to 1996, the Mitigation Fee Act required that local agencies collecting impact fees were required to expend or commit impact fee revenue within five years or make findings to justify a continued need for the money. California Senate Bill 1693, adopted in 1996 as an amendment to the Mitigation Fee Act, changed this requirement in material ways. Section 66001(d) requires that, for the fifth year following the first deposit of any impact fee revenue into an account or fund as required by Section 66006(b), and every five years thereafter, the local agency shall make findings identifying the approximate date when funds will be collected and when the public facilities will be completed for any fee revenue that remains unexpended, whether it is committed or uncommitted.
These findings are detailed in the Five-Year Development Impact Fee Compliance Report (Attachment No. 1). Once the City determines that sufficient funds have been collected to complete financing on incomplete improvements for which impact fee is to be used, it must, within 180 days of that determination, identify an approximate date by which construction of the public improvements will be commenced. The following Five-Year Report provides findings for Wastewater Connection, Transportation, General Government, Parks and Recreation, and Library impact fees. The report does not include Water Connection and Public Safety impact fees because the fees collected more than five years ago have been expended.
Fiscal Impact
There is no direct fiscal impact by receiving and filling the report; however, should the City Council choose not to receive the findings report, the City could be required to refund the development impact fees in the account or fund, as required by Government Code Section 66001(d).
CEQA
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.
Recommendation (Option 2)
Receive and file the Five-Year Development Impact Fee Compliance Report Attachments
1. Five-Year Development Impact Fee Compliance Report
City Council Agenda February 20, 2024
CITY OF PASO ROBLES
SENATE BILL 1693
FIVE-YEAR COMPLIANCE REPORTING FOR DEVELOPMENT IMPACT FEES FOR THE FIVE-YEAR PERIOD ENDING JUNE 30, 2023
1 Pursuant to California Government Code Section 66001(d) requires that, for the fifth fiscal year following the first deposit of any impact fee revenue into an account or fund as required by Section 66006 (b), and every five years thereafter, the local agency shall make all the following findings for any fee revenue that remains unexpended, whether committed or uncommitted. Note: There are no fees collected more than five years ago that remain unexpended in the Water Development Impact (Connection) Fee and the Public Safety Impact Fee Funds.
1. Sewer Development Impact (Connection) Fee
A. Identify the purpose to which the fee will be put.
The purpose of the wastewater capacity fee is intended to provide a contribution of capital to both reimburse the cost of the existing oversized capacity in the current system, and help finance planned future growth-related capacity improvements which must be implemented prior to the actual need for the capacity. That is, these charges are intended to provide funds to the utility to finance all or a part of the capital improvements needed to serve and accommodate new customer growth.
B. Demonstrate the reasonable relationship between the fee and the purpose for which it is charged.
The City utilizes a combination of buy-in and growth methodologies. The fees are based on an average cost approach under which new or expanded connections would fund their proportionate share of costs for capacity needed in existing and planned wastewater system facilities and assets.
Under this approach, new connections pay for their proportionate share of the average cost of facilities needed to meet the demands of the City’s service area through projected build-out. This methodology ensures that there is a reasonable relationship between the fee and the purpose for which it is charged and is documented in Exhibit A of Resolution 17-113, the Evaluation of Water and Wastewater Capital Facility Charges Final Report, prepared August 2017, and available on the City’s website.
C. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements for which impact fees are to be used.
The portion of the fee account that was collected more than five years ago and that remains unexpended is expected to be used to fund improvements to the wastewater system facilities and assets. To the extent that a specific project cannot be fully funded with capacity fee revenue, the balance of the costs is expected to be funded with ratepayer revenue.
D. Designate the approximate dates on which the funding necessary to complete financing of those improvements will be deposited into the appropriate account or fund.
The date of impact fee collection and deposit of funding is difficult to predict and will depend on the timing of each specific developer and on the relative economic conditions. As such, the City is unable to predict when all such development impact fees will be accumulated and will continue to provide updates as additional information and fees are collected. The projects listed below are eligible to be funded, in part, with capacity fee revenue but may need supplement funding if the impact fee revenue is not sufficient.
Attachment 1
City Council Agenda February 20, 2024
CITY OF PASO ROBLES
SENATE BILL 1693
FIVE-YEAR COMPLIANCE REPORTING FOR DEVELOPMENT IMPACT FEES FOR THE FIVE-YEAR PERIOD ENDING JUNE 30, 2023
2 Priority
No. Project Name
Estimated
Start Year
Total
Project
Cost
% Funded
with
Impact
Fees
Amount
Funded
with
Impact
Fees
A1 Airport Area Improvements-Phase 2 2023-24 10,445,059 90% 9,400,553 A6 South River Upgrades 2024-25 712,097 100% 712,097
A7 Commerce, Scott, Flatt Upgrades 2023-24 2,577,987 100% 2,577,987 B4 Beechwood Dr Upgrades 2027-28 361,422 100% 361,422
B5 Lift Station No. 1 Upgrade 2026-27 2,429,665 50% 1,214,833 B7 Lift Station No. 11 Upgrade 2027-28 147,439 100% 147,439 C2 Ramada Dr Upgrade 2023-24 437,709 100% 437,709
2. Transportation Impact Fee
A. Identify the purpose to which the fee will be put.
The purpose of the Transportation Impact Fee (TIF) is to fund Future Facilities required as a result of projected development within the City through 2045. A review of the City's Traffic Demand Model (“TDM”), projects the construction of 5,551 single and multi-family units and 5.0 million square feet of various non-residential land uses. The future residents and workers housed within this future development will create an additional demand for transportation facilities that existing facilities alone cannot accommodate. In brief, to mitigate the effects of future development in an orderly manner while maintaining the current quality of life in the City, the facilities on the Needs List will need to be constructed (the Transportation Needs List can be found on page 12 in the Transportation Impact Fee Justification Study).
B. Demonstrate the reasonable relationship between the fee and the purpose for which it is charged.
The TIFs collected will be used for the construction of Future Facilities within the City. The types of development that will be paying these fees are new residential and nonresidential projects within the City between June 1, 2019 and December 31, 2045. This expected development will generate new residents and employees that will increase the burden on existing transportation infrastructure in the form of increased traffic and roadway usage. In order to maintain existing service standards, the fees to be imposed on new development will ensure that new development contributes its fair share of funds to mitigate the impacts caused by such development.
For the foregoing reasons, there is a reasonable relationship between the acquisition, construction, and installation of the facilities on the Needs Lists and new development as required under Section 66001(a)(3) of the Mitigation Fee Act as substantiated by the most recent and applicable transportation impact fee justification study in Exhibit C of Resolution No. 19-017 regarding the Transportation Impact Fee Justification Study.
C. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements for which impact fees are to be used.
Attachment 1
City Council Agenda February 20, 2024
CITY OF PASO ROBLES
SENATE BILL 1693
FIVE-YEAR COMPLIANCE REPORTING FOR DEVELOPMENT IMPACT FEES FOR THE FIVE-YEAR PERIOD ENDING JUNE 30, 2023
3 The portion of the fee account that was collected more than five years ago and that remains unexpended is expected to be used to fund traffic improvements such as the 24th Street bridge, Niblick Street corridor and safety improvements, Huer Huero Creek bridge, South Vine Street realignment and bridge, and the Union Road at State Highway 46 East Overcrossing. The balance of the cost of the projects are expected to be funded with federal (e.g., Highway Safety Improvement Program, American Rescue Plan Act), state (e.g., Trade Corridor Enhancement Program), transit and General Fund revenues, as needed.
D. Designate the approximate dates on which the funding necessary to complete financing of those improvements will be deposited into the appropriate account or fund.
The date of impact fee collection and deposit of funding is difficult to predict and will depend on the timing of each specific developer and on the relative economic conditions. As such, the City is unable to predict when all such development impact fees will be accumulated and will continue to provide updates as additional information and fees are collected. As part of the biennial budget process, the City identifies public improvement projects that have sufficient impact fee funds available and the approximate dates (fiscal year) of construction. This information is included in the Capital Improvement Program which is adopted by City Council as part of the overall budget adoption process. The City has collected and appropriated $4,166,900 of American Rescue Plan Act, $2,000,000 of Transit Funds, and $1,333,100 of General Fund reserves towards the South Vine Street Bridge and road realignment project already. All other federal and state funding is anticipated to be awarded by the estimated start year listed below:
Project
ID. Project Name
Estimated
Start Year
Total
Project
Cost
% Funded
with
Impact
Fees
Amount
Funded
with
Impact
Fees
C0084 24th Street Bridge 2024-25 16,000,000 36.69% 5,870,400 C0138 Niblick Road Corridor Improvements 2025-26 17,500,000 36.69% 6,420,750 C0151 Huer Huero Creek Bridge 2025-26 24,250,000 36.69% 8,897,325 X0006 South Vine St Bridge/Road Realignment 2023-24 18,500,000 44.13% 8,164,050 X0007 Union Road/Highway 46E Overcrossing 2024-25 63,164,000 37.58% 23,737,031
3. General Government Impact Fees:
A. Identify the purpose to which the fee will be put.
The fee will be used for the acquisition, installation, and construction of the public facilities identified on the Needs List included on pages 16-17 in the Impact Fee Justification Study and other appropriate costs to mitigate the direct and cumulative impacts of new development in the City. The fee will provide a source of revenue to the City to allow for the acquisition, installation, and construction of public facilities, which in turn will both preserve the quality of life in City and protect the health, safety, and welfare of the existing and future residents and employees.
Attachment 1
City Council Agenda February 20, 2024
CITY OF PASO ROBLES
SENATE BILL 1693
FIVE-YEAR COMPLIANCE REPORTING FOR DEVELOPMENT IMPACT FEES FOR THE FIVE-YEAR PERIOD ENDING JUNE 30, 2023
4 The discussion presented in this section of the Fee Study identifies the use to which the fee is to be put as required by Section 66001(a)(2) of the California Government Code can be found in Exhibit B of Resolution 14-035 regarding the Development Impact Fee Justification Study.
B. Demonstrate the reasonable relationship between the fee and the purpose for which it is charged.
All new development in the City impacts public facilities. Moreover, each individual development project and its related increase in population and employment, along with the cumulative impacts of all development in the City, will adversely impact existing facilities. Thus, imposition of the fee to finance the public facilities on the Needs Lists is an efficient, practical, and equitable method of permitting development to proceed in a responsible manner. Section 66000 of the Government Code requires that a reasonable relationship exist between the need for public facilities and the type of development on which a fee is imposed. The need for public facilities is related to the level of service demanded, which varies in proportion to the equivalent dwelling units (“EDUs”) generated by a particular land use type.
C. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements for which impact fees are to be used.
The portion of the fee account that was collected more than five years ago and that remains unexpended is expected to be used to fund the City Hall/Library expansion and the City Corporation Yard. The balance of the cost of the projects is expected to be funded with General reserves, as needed.
D. Designate the approximate dates on which the funding necessary to complete financing of those improvements will be deposited into the appropriate account or fund.
The date of impact fee collection and deposit of funding is difficult to predict and will depend on the timing of each specific developer and on the relative economic conditions. As such, the City is unable to predict when all such development impact fees will be accumulated and will continue to provide updates as additional information and fees are collected. As part of the biennial budget process, the City identifies public improvement projects that have sufficient impact fee funds available and the approximate dates (fiscal year) of construction. This information is included in the Capital Improvement Program which is adopted by City Council as part of the overall budget adoption process. The City has already appropriated $218,000 of general fund reserves for a portion of the project.
Project
ID. Project Name
Estimated
Start Year
Total
Project
Cost
% Funded
with
Impact
Fees
Amount
Funded
with
Impact
Fees
C0099 City Hall/Library Expansion 2024-25 20,000,000 31.77% 6,354,000 C0204 Corporation Yard 2023-24 11,000,000 100.00% 11,000,000 Attachment 1
City Council Agenda February 20, 2024
CITY OF PASO ROBLES
SENATE BILL 1693
FIVE-YEAR COMPLIANCE REPORTING FOR DEVELOPMENT IMPACT FEES FOR THE FIVE-YEAR PERIOD ENDING JUNE 30, 2023
5 4. Parks and Recreation Impact Fees:
A. Identify the purpose to which the fee will be put.
The fee will be used for the acquisition, installation, and construction of the public facilities identified on the Needs List included on pages 16-17 in the Impact Fee Justification Study and other appropriate costs to mitigate the direct and cumulative impacts of new development in the City. The fee will provide a source of revenue to the City to allow for the acquisition, installation, and construction of public facilities, which in turn will both preserve the quality of life in City and protect the health, safety, and welfare of the existing and future residents and employees.
The discussion presented in this section of the Fee Study identifies the use to which the fee is to be put as required by Section 66001(a)(2) of the California Government Code can be found in Exhibit B of Resolution 14-035 regarding the Development Impact Fee Justification Study.
B. Demonstrate the reasonable relationship between the fee and the purpose for which it is charged.
All new development in the City impacts public facilities. Moreover, each individual development project and its related increase in population and employment, along with the cumulative impacts of all development in the City, will adversely impact existing facilities. Thus, imposition of the fee to finance the public facilities on the Needs Lists is an efficient, practical, and equitable method of permitting development to proceed in a responsible manner. Section 66000 of the Government Code requires that a reasonable relationship exist between the need for public facilities and the type of development on which a fee is imposed. The need for public facilities is related to the level of service demanded, which varies in proportion to the equivalent dwelling units (“EDUs”) generated by a particular land use type.
C. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements for which impact fees are to be used.
The portion of the fee account that was collected more than five years ago and that remains unexpended is expected to be used to fund the Sherwood Park Master Plan. The balance of the cost of the projects is expected to be funded with federal American Rescue Plan Act funds and General fund revenues, as needed.
D. Designate the approximate dates on which the funding necessary to complete financing of those improvements will be deposited into the appropriate account or fund.
The date of impact fee collection and deposit of funding is difficult to predict and will depend on the timing of each specific developer and on the relative economic conditions. As such, the City is unable to predict when all such development impact fees will be accumulated and will continue to provide updates as additional information and fees are collected. As part of the biennial budget process, the City identifies public improvement projects that have sufficient impact fee funds available and the approximate dates (fiscal year) of construction. This information is included in the Capital Improvement Program which is adopted by City Council as part of the overall budget adoption process. The City has collected and appropriated $833,500 of American Rescue Plan Act towards the project; general fund reserves may be supplemented as needed.
Attachment 1
City Council Agenda February 20, 2024
CITY OF PASO ROBLES
SENATE BILL 1693
FIVE-YEAR COMPLIANCE REPORTING FOR DEVELOPMENT IMPACT FEES FOR THE FIVE-YEAR PERIOD ENDING JUNE 30, 2023
6 Project
ID. Project Name
Estimated
Start Year
Total
Project
Cost
% Funded
with
Impact
Fees
Amount
Funded
with
Impact
Fees
C0194 Sherwood Park Master Plan 2022-23 1,188,000 29.84% 354,500
5. Library Impact Fees:
A. Identify the purpose to which the fee will be put.
The fee will be used for the acquisition, installation, and construction of the public facilities identified on the Needs List included on pages 16-17 in the Impact Fee Justification Study and other appropriate costs to mitigate the direct and cumulative impacts of new development in the City. The fee will provide a source of revenue to the City to allow for the acquisition, installation, and construction of public facilities, which in turn will both preserve the quality of life in City and protect the health, safety, and welfare of the existing and future residents and employees.
The discussion presented in this section of the Fee Study identifies the use to which the fee is to be put as required by Section 66001(a)(2) of the California Government Code can be found in Exhibit B of Resolution 14-035 regarding the Development Impact Fee Justification Study.
B. Demonstrate the reasonable relationship between the fee and the purpose for which it is charged.
All new development in the City impacts public facilities. Moreover, each individual development project and its related increase in population and employment, along with the cumulative impacts of all development in the City, will adversely impact existing facilities. Thus, imposition of the fee to finance the public facilities on the Needs Lists is an efficient, practical, and equitable method of permitting development to proceed in a responsible manner. Section 66000 of the Government Code requires that a reasonable relationship exist between the need for public facilities and the type of development on which a fee is imposed. The need for public facilities is related to the level of service demanded, which varies in proportion to the equivalent dwelling units (“EDUs”) generated by a particular land use type.
C. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements for which impact fees are to be used.
The portion of the fee account that was collected more than five years ago and that remains unexpended is expected to be used to fund the Library Expansion Master Plan. The balance of the cost of the projects is expected to be funded with state grants and General fund revenues, as needed.
D. Designate the approximate dates on which the funding necessary to complete financing of those improvements will be deposited into the appropriate account or fund.
Attachment 1
City Council Agenda February 20, 2024
CITY OF PASO ROBLES
SENATE BILL 1693
FIVE-YEAR COMPLIANCE REPORTING FOR DEVELOPMENT IMPACT FEES FOR THE FIVE-YEAR PERIOD ENDING JUNE 30, 2023
7 The date of impact fee collection and deposit of funding is difficult to predict and will depend on the timing of each specific developer and on the relative economic conditions. As such, the City is unable to predict when all such development impact fees will be accumulated and will continue to provide updates as additional information and fees are collected. As part of the biennial budget process, the City identifies public improvement projects that have sufficient impact fee funds available and the approximate dates (fiscal year) of construction. This information is included in the Capital Improvement Program which is adopted by City Council as part of the overall budget adoption process. All other state and local funding is anticipated to be awarded by the estimated start year listed below:
Project
ID. Project Name
Estimated
Start Year
Total
Project
Cost
% Funded
with
Impact
Fees
Amount
Funded
with
Impact
Fees
- Library Expansion Master Plan 2027-28 5,646,000 100.00% 5,646,000 Attachment 1
City Council Agenda February 20, 2024
Council Agenda Report
From: Ditas Esperanza, Capital Projects Engineer
Subject: Approval of a Change Order to Stantec Agreement for Design Services in an Amount of $110,200 for additional design services for Vine Street Frontage Improvements CEQA Determination: The City finds that this action is consistent with the June 18, 2014, mitigated negative declaration certified by the City Council, per Resolution No. 14-076 Date: February 20, 2024
Facts
1. On June 18, 2014, the City Council certified a mitigative negative declaration for a hotel development at 121 Wilmar Place.
2. As part of the hotel development, the City is required to design and construct the frontage improvements along Vine Street, as shown on the attached design concept exhibit.
3. In 2013, the City issued a Request for Proposals (RFP), to design the South Vine Bridge and the realignment of South Vine Street and on May 21, 2013, City Council authorized Stantec for the design services.
4. The initial contract with Stantec did not include frontage improvements at the hotel located at 121 Wilmar Place; it was solely for the road realignment and bridge.
5. Stantec submitted a cost proposal fee for this work in the amount of $110,200. The City’s Purchasing Policy allows for sole source procurement when there is a direct benefit to the City.
6. Stantec’s work to realign South Vine Street has a direct connection to the frontage design work required at Vine Street, as illustrated on the exhibit. Stantec is knowledgeable of the work required and is in a position to complete the design for the frontage improvements.
Options
1. Take no action;
2. Authorize the City Manager to approve a change order to the Stantec agreement for design services to include Vine Street frontage improvements for the hotel located at 121 Wilmar Place, in the amount of $110,200; or
3. Provide alternative direction to staff.
Analysis and Conclusions
The City is required pursuant to an agreement with the hotel developer to construct the Vine Street frontage for an approved hotel project, located at 121 Wilmar Place. Stantec is already under contract with the City to perform the Vine Street realignment work, which immediately connects to the frontage improvements. It is in the City’s best interest for Stantec to do the work as a change order to their existing contract for a number of reasons. Stantec is currently designing the realignment and to bring in a second firm to design these frontage improvements creates an opportunity for conflict between the two sets of plans. Additionally, Stantec is familiar with the project and the work that will be required based upon the
City Council Agenda February 20, 2024
realignment work they are already undertaking for the City. Finally, having Stantec do this additional work will be more expedient and cost efficient for the City. .
Fiscal Impact
Stantec has submitted a fee proposal of $110,200 to design the Vine Street frontage improvements.
Funding from this portion of the project be covered by current year one-time operational budget savings.
CEQA
The scope of these frontage improvements were analyzed as part of the mitigated negative declaration approved for the hotel developer. City staff recommends that the City Council finds this action consistent with the June 18, 2014, mitigated negative declaration, which was certified by the City Council, per Resolution No. 14-076 and as such no additional environmental review is required under CEQA.
Recommendation (Option 2)
Approve Resolution 24-XXX, authorizing the City Manager to approve amendment change order to the Stantec Agreement for design services related to the Vine Street realignment to include design services for the Vine Street frontage improvements located at 121 Wilmar Place in the amount of $110,200.
Attachments
1. Resolution 24-XXX - Vine Street Frontage Improvements
2. Design Concept
City Council Agenda February 20, 2024
Attachment 1
RESOLUTION 24-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES
APPROVING A CHANGE ORDER TO THE STANTEC AGREEMENT FOR DESIGN SERVICES FOR THE VINE STREET REALIGNMENT IN THE AMOUNT OF $110,200 FOR ADDITIONAL DESIGN SERVICES RELATED TO THE VINE STREET FRONTAGE IMPROVEMENT AT 121 WILMAR PLACE WHEREAS, on June 18, 2014, the City Council certified a mitigative negative declaration for a hotel development at 121 Wilmar Place; and
WHEREAS, as part of the hotel development, the City is required to design and construct the frontage improvements along Vine Street, as shown on the design concept exhibit; and WHEREAS, in 2013, the City issued a Request for Proposals (RFP), to design the South Vine Bridge and the realignment of South Vine Street. On May 21, 2013, the City Council authorized staff to engage the services of Stantec; and
WHEREAS, Stantec’s work to realign South Vine Street has a direct connection to the frontage design work required at Vine Street, as illustrated on the exhibit. Stantec completely conversant with the work required and it is in the City’s best interest that they perform the design of the Vine Street frontage improvements for the adjacent hotel; and
WHEREAS, Stantec submitted a cost proposal fee for this work in the amount of $110,200.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY FIND AND 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 approve a change order to the agreement with Stantec to include Vine Street frontage improvements located at 121 Wilmar Place, in the amount of $110,200.
Section 3. This action is consistent with the June 18, 2014, mitigated negative declaration, which was certified by the City Council, per Resolution No. 14-076 and therefore no additional environmental review under CEQA is required.
Section 4. Appropriate $110,200 from the General Fund reserves for the additional scope of work.
APPROVED this 20th day of February, 2024, by the following vote:
AYES:
NOES:
John R. Hamon Jr., Mayor
ATTEST:
Melissa Boyer, City Clerk
City Council Agenda February 20, 2024
SOUTH VINE STREET RE-ALIGNMENT DESIGN
UNDER CONTRACT WITH STANTEC
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PROPOSED VINE STREET FRONTAGE IMPROVEMENTS
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121 WILMAR PLACE
Attachment 2
Council Agenda Report
From: Ditas Esperanza, Capital Projects Engineer
Subject: Approval of a Change Order to Stantec Agreement for Design Services for the South Vine Bridge and Vine Street Road Realignment Project
CEQA Determination: The City finds that this action is consistent with the Gateway Annexation Project Environmental Impact Report (SCH#2013101050) certified by the City Council on June 16, 2020, per CC Resolution No. 20-102
Date: February 20, 2024
Facts
1. On November 11, 2020, the City and Quorum Realty entered into a Development Agreement in regard to a Master Development at the northwest quadrant of Highway 46 West and Vine Street.
2. Among other things, the Development Agreement outlined the infrastructure improvements required to support the master development and the entity responsible for completion.
3. The City’s responsibilities are to design and construct the South Vine Bridge, and to design and construct the South Vine Street road realignment. The developer will be paying approximately one half of the costs for the road realignment. (Attachment No. 2 illustrates how these costs are to be allocated).
4. In 2013, the City issued a Request for Proposals, to design the South Vine Bridge and the road realignment of South Vine Street. On May 21, 2013, the City Council authorized staff to engage the services of Stantec (formerly Penfield & Smith).
5. Design of the bridge began in 2013 and was 80% complete when the project was put on hold while the City and the developer completed the annexation of the property with the Local Agency Formation Commission (LAFCO) and finalize a Development Agreement.
6. Once the annexation was completed and the Development Agreement fully executed, the design work resumed. Revisions were required to the 80% design, including expanding the width of the sidewalk, additional lighting, and adding casings for future utilities which required updating the bridge abutment designs and structures. The design also requires updating to meet current bridge building codes.
7. The South Vine Street realignment also required revisions to prevent encroachment onto an adjacent property. The City was informed that the property owners would not be amenable to a temporary construction easement.
8. The City is required to obtain an encroachment permit from Caltrans to connect the South Vine Bridge to Highway 46 West. This connection requires updating the existing traffic signal at this location, as well as redesigning the intersection to install the northerly connection at Highway 46 West along with appurtenant details such as drainage, walls, transition traffic lanes, and turn pockets.
Options
1. Take no action;
City Council Agenda February 20, 2024
2. Authorize the City Manager to approve a change order to Stantec’s agreement for the South Vine Bridge and South Vine Street Realignment in the amount of $340,200; or
3. Provide alternative direction to staff.
Analysis and Conclusions
The South Vine Street Bridge and road realignment project has taken several years to get to where it is today. Project delays due to annexation, required Cal Trans permits and environmental studies, changes in the design of the bridge, has exceeded Stantec’s original scope of work. The change order work to Stantec’s existing contract is required as part of the City’s responsibility as outlined in the Development Agreement for the proposed development at the northwest quadrant of Vine Street and Highway 46 West.
Fiscal Impact
The change order request to Stantec is for $340,200. The City’s adopted Capital Improvement Budget includes the cost for the improvements envisioned at this location, and no other action is required. The developer will be reimbursing the City for their share of the final costs (design and construction), as outlined in the Development Agreement, and illustrated on the attached cost allocation exhibit.
CEQA
The City finds that this action is consistent with the Gateway Annexation Project Environmental Impact Report (SCH#2013101050) certified by the City Council on June 16, 2020, per CC Resolution No. 20-102 and therefore no additional environmental review is required.
Recommendation (Option 2)
Approve Resolution 24-XXX, authorizing the City Manager to approve a change order to the Stantec Agreement for design services associated with the South Vine Street bridge and road realignment in the amount of $340,200.
Attachments
1. Resolution 24-XXX – South Vine Realignment Change Order a. Exhibit A - Cost Allocation
City Council Agenda February 20, 2024
Attachment 1
RESOLUTION 24-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES
AUTHORIZING THE CITY MANAGER TO APPROVE A CHANGE ORDER TO STANTEC’S EXISTING AGREEMENT FOR THE SOUTH VINE BRIDGE AND
VINE STREET ROAD REALIGNMENT PROJECT
WHEREAS, on November 11, 2020, a development agreement between the City and Quorum Realty was recorded with regards to a Master Development at the northwest quadrant of Highway 46 West and Vine Street. Among other things, the development agreement outlined the infrastructure improvements required to support the Master Development and the responsible entity for its completion. In summary, the City’s responsibilities are to design and construct the south Vine Bridge, and to design and construct the south Vine Street road realignment. The developer would be paying approximately one half of the costs for the road realignment. See the attached exhibit that illustrates how these costs are to be allocated; and
WHEREAS, in 2013, the City issued a request for proposals (RFP), to design the south Vine Bridge and the road realignment of south Vine Street. On May 21, 2013, the City Council authorized staff to engage the services of Stantec (formerly Penfield & Smith). Design of the bridge began in 2013 and was 80% completed when the project was put on hold while the City and the developer could complete the annexation of the property with the Local Agency Formation Commission (LAFCO) and finalize a Development Agreement. Once the annexation was completed and the Development Agreement fully executed, the design work resumed. Revisions were required to the 80% design, such as expanding the width of the sidewalk, additional lighting, and adding casings for future utilities which required updating the bridge abutment designs and structures. The design also requires updating to meet current bridge building codes; and
WHEREAS, the south Vine Street road realignment also required revisions to prevent encroachment onto an adjacent property. The City was informed that the property owners would not be amenable to a temporary construction easement; and
WHEREAS, the City is required to obtain an encroachment permit from Caltrans to connect the south Vine Bridge to Highway 46 West. This connection requires the need to update the existing traffic signal at this location, as well as redesigning the intersection to install the northerly connection at Highway 46 West.
Along with appurtenant details such as drainage, walls, transition traffic lanes, and turn pockets.
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 approve a change order in the amount of $340,200 to Stantec’s existing agreement for the South Vine Street Bridge and realignment project.
Section 3. The City finds that this action is consistent with the Gateway Annexation Project Environmental Impact Report (SCH#2013101050) certified by the City Council on June 16, 2020, per CC Resolution No. 20-102 and therefore no additional environmental review is required.
City Council Agenda February 20, 2024
Attachment 1
APPROVED this 20th day of February, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John R. Hamon, Jr., Mayor
ATTEST:
Melissa Boyer, City Clerk
Exhibit A – Cost Allocation
City Council Agenda February 20, 2024
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Exhibit A
City Council Agenda February 20, 2024
Council Agenda Report
From: Christopher Alakel, Utilities Director
Subject: Authorization for the City Manager to enter into up to Five On-Call Water System Repair Contracts of $60,000 or less, following an informal bidding process, for an Amount NotToo-Exceed $300,000 Total 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. If this action is a project under CEQA the action is exempt pursuant to §15302, Replacement or Reconstruction.
Date: February 20, 2024
Facts
1. The City’s Water Division is responsible for operating, maintaining, and repairing water production, treatment, and distribution infrastructure including approximately 172 miles of water mains and related facilities.
2. The Water Division responds to leaks and conducts routine and emergency repair work on buried water mains, services, and fire hydrants. This work often requires the use of heavy construction equipment for excavation, materials transport, and installation.
3. The Water Division has had difficulty attracting staff members proficient in operating heavy equipment and with sufficient experience conducting utility repairs. Shortages of experienced staff capable of repairing large leaks, main breaks, valve and hydrant replacements and similar heavy utility repair work has resulted in a significant backlog.
4. There is an immediate need for repair and replacement of water system infrastructure. Delays in conducting repairs and maintenance can affect firefighting capability, increase the duration of water service interruptions and, in the case of a large break or leak, can increase overall repair costs and property damage.
5. The Public Contracting Code, Section 22032, allows public water and wastewater utility repair projects up to $60,000 to be performed by employees of a public agency by force account, by negotiated contract, or by purchase order without requiring informal or formal bidding. The City elected to become subject to the Public Contracting Code as of June 4, 2002, and adopted enabling regulations under the Municipal Code.
6. The City’s Purchasing Policy allows the City Manager in most instances to approve purchases of up to $100,000 and the City’s purchasing authority can approve purchase orders up to $100,000 without special authorization by the City Council. More specifically, City’s Purchasing Policy also allows public works projects up to $60,000 to be conducted without bidding, consistent with the Public Contracting Code.
Options
1. Take no action;
City Council Agenda February 20, 2024
2. Authorize the City Manager to enter into up to five On-Call Water System Repair Contracts of $60,000 or less, following an informal bidding process, for an Amount Not-Too-Exceed $300,000 ; or
3. Provide alternative direction to staff.
Analysis and Conclusions
The City is responsible for providing safe and reliable drinking water and it is essential that the Water Division be able maintain water system infrastructure and quickly respond to issues affecting the water system. Deferred maintenance and repairs can affect drinking water quality, duration of water service interruptions and increase overall repair costs and property damage.
Staffing limitations continue to impact the Water Division’s ability to both repair and maintain the water system infrastructure. These difficulties are likely to continue until the overall labor market improves. In response, in the short-term, establishing multiple on-call contracts will allow for competitive bidding of individual tasks as well as increasing the likelihood that at least one of the contractors will be available to assist the City when emergency repairs are needed. Otherwise, long-term deferral of maintenance activities will result in more frequent system issues affecting reliability of water service.
Staff, in collaboration with the City Attorney’s Office, have drafted a contract structured to allow taskorder based work to be authorized on an as-needed basis, the template for which is included as part of this item. Because the City elected to become subject to the Uniform Public Construction Cost Accounting Act, public works contracts equal to or less than $60,000 do not require a formal or informal bidding process. As such, separate repair and maintenance work will be conducted under each individual contract; however, depending on contractor availability, multiple contracts may be awarded to the same contractor. Because of the potential that the same contractor may receive multiple contracts, and to ensure the City is receiving the best value for the work, staff will conduct an informal bidding process prior to awarding each contract.
Staff recommends that the City Council authorize the City Manager to enter into individual contracts (up to five) with multiple on-call underground utilities contractors for on-call water system repair and maintenance, in the amount of $60,000 or less per contract, and to issue new individual contracts with the contractors following an informal bidding process, as needed once contracts are expended, consistent with City’s Purchasing Policy and the Public Contracting Code.
Fiscal Impact
The total for all individual on-call contracts would not exceed $300,000 (at $60,000 or less per contract).
However, work performed under each contract will be authorized according to individual task orders issued by the City Water Division on an as-needed basis and will be paid from the Water Fund. The contracts will not be utilized if there is no need.
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, because it can be seen with certainty that the authorization to enter into individual contracts for potential on-call services for water repair work with a total not-too-exceed $300,000 will not result in a direct or reasonably foreseeable indirect physical change in the environment. If this action is considered a project under CEQA the action would be exempt pursuant to State CEQA Guidelines §15302, Replacement and Reconstruction.
The exemption applies to the replacement or reconstruction of existing structures including existing utility systems or facilities involving negligible or no expansion of capacity. As these contracts will be for as
City Council Agenda February 20, 2024
needed repair and maintenance work and not the expansion of services the work is exempt from CEQA review.
Recommendation (Option 2)
Approve Resolution 24-XXX, authorizing the City Manager to enter into up to five total, individual contracts for on-call services for water system repair work with a total not to exceed amount of $300,000, with each on-call contract not exceeding $60,000, and find the action exempt from CEQA.
Attachments
1. Resolution 24-XXX – Authorization of On-Call Water System Repairs Contracts
2. On-call Water System Repair Contract Template
City Council Agenda February 20, 2024
Attachment 1
RESOLUTION 24-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES AUTHORIZING THE CITY MANAGER TO ENTER INTO UP TO 5 ON-CALL WATER SYSTEM REPAIR CONTRACTS OF $60,000 OR LESS, FOLLOWING AN INFORMAL BIDDING PROCESS IN AN AMOUNT NOT TO EXCEED $300,000 AND FINDING THIS ACTION EXEMPT FROM REVIEW UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, STATE GUIDELINES
SECTIONS 15060, 15378, AND 15302
WHEREAS, the City of Paso Robles Water Division is responsible for operating, maintaining, and repairing water production, treatment, and distribution infrastructure including approximately 172 miles of water mains and related facilities; and
WHEREAS, the Water Division responds to leaks and conducts routine and emergency repair work on buried water mains, services, and fire hydrants, and this work often requires the use of heavy construction equipment for excavation, materials transport, and installation; and WHEREAS, a continued shortage of experienced staff capable of repairing large leaks, main breaks, valve and hydrant replacements and similar heavy utility repair work has resulted in a significant backlog; and,
WHEREAS, there is an immediate need for repair and replacement of water system infrastructure, and delays in conducting repairs and maintenance can affect firefighting capability, increase the duration of water service interruptions, and can increase overall repair costs and property damage; and WHEREAS, authorization of contracts with multiple on-call contractors is recommended to allow the Water Division to properly maintain the water distribution system; and WHEREAS, staff have contacted local contractors specializing in construction of underground utilities that would be able to assist in clearing the work backlog and respond to emergencies, and multiple local contractors have expressed willingness to enter on-call contracts with the City for water system repairs.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. All of the above recitals are true and correct and incorporated herein by reference.
Section 2. The City finds that this action authorizing on-call repair contracts is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378, because it can be seen with certainty that the authorization to enter into individual contracts for potential on-call services for water repair work with a total not-too-exceed of $300,000 will not result in a physical change in the environment. If this action is found to be a project under CEQA, the City finds that this action is also exempt pursuant to Section 15302, Replacement or Reconstruction. The activities to be undertaken pursuant to these contracts will be the repair of existing infrastructure and will not result in new or an expansion of services.
City Council Agenda February 20, 2024
Attachment 1
Section 3. The City Council authorizes the City Manager to execute up to five total, individual contracts in the amount of $60,000 or less per contract, following an informal bidding process, with multiple underground utility contractors for routine and emergency water system repair work, using a standard contract template for on-call repair work, the template for which is included as part of this item, with the total cost of all individual contracts for on-call repair contracts not to exceed $300,000, subject to any minor, technical, or non-substantive changes to that contract template, as approved by the City Manager and City Attorney. Multiple contracts may be awarded to the same contractor, following an informal bidding process, but the value of the tasks completed under each contract will be below $60,000.
Section 4. This Resolution shall take effect on the date it is approved by the City Council.
APPROVED this 20th day of February 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John R. Hamon, Jr., Mayor
ATTEST:
Melissa Boyer, City Clerk
City Council Agenda February 20, 2024
82477.07000\34650255.1
1 CITY OF EL PASO DE ROBLES
ON-CALL CONSTRUCTION CONTRACT
WATER DISTRIBUTION SYSTEM REPAIRS
1. PARTIES AND DATE.
This Contract is made and entered into this ______ day of __________________, 2022 by and between the City of El Paso de Robles, a public agency and public corporation of the State of California (“City”) and _____________________________________________, a _____________________________________________ [***INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at _______________________________________________ ________________________________________________ [***INSERT ADDRESS***] (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.
2. RECITALS.
2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract and in the task order(s) to be issued pursuant to this Contract and executed by the City and Contractor (“Task Order”). Contractor represents that it is duly licensed and experienced in providing construction of potable water mains, services, fire hydrants, valves and appurtenances including trenching, backfilling, and related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the City’s engineering standards and specifications. The following license classifications are required for this Project: Class A - General Engineering Contractor License.
2.3 Project. City desires to engage Contractor to render such services for the On-Call Water Distribution System Repairs Project (“Project”) as set forth in this Contract on an on-call, as-needed basis. There is no guarantee of any of work under this Contract other than what is specified herein or that the not-to-exceed compensation amount set forth herein will be spent.
2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.
3. TERMS
3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
Scope of Work (Exhibit “A”)
Attachment 2
City Council Agenda February 20, 2024
82477.07000\34650255.1
2 Current City Standards and Specifications (Exhibit “B”) Special Conditions (Exhibit “C”)
Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) Public Works Contractor Registration Certification (Exhibit “E”) Payment and Performance Bonds (Exhibit “F”)
Rate Schedule (Exhibit “G”)
Sample Task Order Form (Exhibit “H”)
Addenda
Task Orders executed by the City including scope of work, plans, details, and supplemental specifications and requirements therein Change Orders executed by the City
3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials except those provided by the City, tools, equipment, services, and incidental and customary work necessary for the Project (hereinafter sometimes referred to as the “Work”). The type of Work to be provided is described in Exhibit “A” attached hereto and incorporated herein by reference and in the individual Task Orders issued by the City. No Work shall be performed unless authorized by this Contract and by a fully executed Task Order in the form attached hereto as Exhibit “H”. All Work shall be subject to, and performed in accordance, with this Contract, any relevant Task Order, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.
3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.
3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with Attachment 2
City Council Agenda February 20, 2024
82477.07000\34650255.1
3 substantiating data, for substitution of any “or equal” material, process or article no later than ten (10) days prior to performance of any Work under any Task Order which will be affected by such requests. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article.
The burden of proof as to the equality of any material, process or article shall rest with Contractor.
The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.
Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.
3.3 Period of Performance and Liquidated Damages. The term of this Contract shall commence on the date first set forth above and expire on June 30, 2023 unless earlier terminated as provided herein. Contractor shall complete the Work within the term of this Contract, and shall meet any other established schedules and deadlines set forth in the Task Order(s). All applicable indemnification provisions of this Contract shall remain in effect following the termination of this Contract. The Parties may, by mutual, written consent, further extend the term of this Contract for two additional one-year periods following the initial term set forth above. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of three-hundred dollars ($300) per day for each and every calendar day of delay beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract and any Task Order(s).
3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be Attachment 2
City Council Agenda February 20, 2024
82477.07000\34650255.1
4 uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.
3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials, except those provided by the City, and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below-referenced compensation in accordance with compensation provisions set forth in the Contract.
3.7 Compensation and Payment.
3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, Contractor shall receive compensation, including authorized reimbursements, for all Work rendered under this Contract at the rates set forth in Exhibit “G” attached hereto and incorporated herein by reference. The maximum compensation for Work to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total compensation to be provided under this Contract by City to Contractor, in the aggregate, shall not exceed Sixty Thousand Dollars ($60,000.00) (“Total Contract Price”) without the written approval of the City.
3.7.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates Work completed by Contractor in a format acceptable to the City. The statement shall describe the amount of Work and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. These statements shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated.
3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.
3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.
Attachment 2
City Council Agenda February 20, 2024
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5 3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.
3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.
3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.
3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.
3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Work is being performed as part of an applicable “public works” or Attachment 2
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6 “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Work available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.
3.7.10 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.
3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.
3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.
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.
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7 3.7.13 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. 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.
3.7.14 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.
Contractor 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 Contractor or any subcontractor.
3.8 Performance of Work; Jobsite Obligations.
3.8.1 Water Quality Management and Compliance.
3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes Attachment 2
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8 as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.
3.8.1.3 Other Water Quality Rules Regulations and Policies.
Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.
3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.
3.8.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.
3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.
3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Contract.
Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.
3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with federal, state, and local requirements, industry standards, and the specific requirements as identified in this Contract and Task Orders relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and Attachment 2
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9 night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.
3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.8.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.
3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, Attachment 2
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10 City shall promptly investigate the conditions to determine whether a change order is appropriate.
In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.
3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated or referenced in the construction drawings, specifications, or Task Order pertaining to the Work; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.
3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Contract.
3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.
3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.
Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.
3.10 Claims; Government Code Claim Compliance.
3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.
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11 3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than the date of final payment. The claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:
3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other
3.10.3.3 Chronology of events and correspondence
3.10.3.4 Analysis of claim merit
3.10.3.5 Analysis of claim cost
3.10.3.6 Time impact analysis in CPM format
3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.
3.10.4.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Attachment 2
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12 claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.
3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.
3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
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13 3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.
3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:
3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever Attachment 2
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14 occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.
3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.
3.12 Indemnification.
3.12.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project, this Contract or any Task Order, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.
3.12.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.
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15 3.13 Insurance.
3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
3.13.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:
3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.
3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.
Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits.
Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.
3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:
3.13.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall Attachment 2
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16 stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage.
Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.
3.13.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.
3.13.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.
3.13.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.
3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
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17 3.13.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
3.13.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.
3.14 Bond Requirements.
3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.14.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.
3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer Attachment 2
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18 will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.
Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
3.16 Employee/Labor Certifications.
3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.
3.16.2 Equal Opportunity Employment. Contractor 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.
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19 3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor 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 subcontractors and sub-subcontractors to comply with the same.
3.17 General Provisions.
3.17.1 City’s Representative. The City hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract and as described in the relevant Task Order. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.
3.17.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.
3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.
3.17.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to Attachment 2
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20 supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.
3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
CONTRACTOR: ___________________________________________________ ___________________________________________________
___________________________________________________
[***INSERT CONTRACTOR NAME AND ADDRESS***]
Attn:
____________________________________________________
[***INSERT CONTRACTOR REP. NAME AND TITLE***]
CITY:
City of El Paso de Robles
1000 Spring Street
Paso Robles, CA 93446
Attn: Water Resources Manager
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.17.7 Time of Essence. Time is of the essence in the performance of this Contract.
3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.
3.17.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.17.10 Laws, Venue, and Attorneys’ Fees. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to Attachment 2
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21 interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of San Luis Obispo, State of California.
3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.
3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
3.17.13 [Reserved]
3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.
3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.
3.17.16 Certification of License.
3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.
3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.
Box 26000, Sacramento, California 95826.
3.17.17 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.
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22 3.17.18 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.
3.17.19 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.
3.17.20 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects. [SIGNATURES ON NEXT PAGE]
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23 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT
BETWEEN THE CITY OF EL PASO DE ROBLES
AND
____________________________________________________________ [***INSERT CONTRACTOR NAME***]
IN WITNESS WHEREOF, the Parties have entered into this Contract as of the ___________ day of _______________________, 2022.
CITY OF EL PASO DE ROBLES [INSERT NAME OF CONTRACTOR]
By: By:
[INSERT NAME]
[INSERT TITLE] Its:
Printed Name:
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24 EXHIBIT “A”
SCOPE OF WORK
The scope of work consists of both routine and emergency services, as needed. All work shall comply with current City standard specifications and details, and the requirements of the Water Department for specific Task Orders applying to routine work, or authorized emergency work as described below.
Routine Work
Routine work may include, but is not limited to:
Utilities investigations, potholing and verification. Trenching, sheeting and shoring within and outside of roadways, and traffic control.
Abandoning, demolishing, salvaging, repairing, replacing or installing buried water mains, valves, hydrants, services, meters, valve boxes, meter boxes, inlets, manholes, above ground piping and structures, sewer and drainage piping and appurtenances, related utility improvements.
Additional work necessary for completion such as pressure testing, disinfection, dewatering, bypass pumping and other associated work.
Restoring properties and landscapes damaged during the course of routine activities, typically asphalt or concrete repair.
Routine activities generally occur within City rights-of-way and public property from 7:00am - 5:00 pm, but may include work at other times.
Emergency Work
Generally, emergency work is expected to include repairing damaged fire hydrants, repairing water main breaks, water services, and sewer or drainage line or service breaks occurring.
Emergency services can occur 24/7 including weekends and holidays.
The City will expect Contractor to appear on the project or emergency site within a two hour period of being notified. In the case of an emergency, the City may provide authorization and direction for work to proceed on a time and materials basis without providing a prior written quote for the work. The Contractor shall provide sufficient manpower and equipment to provide services in a timely and professional manner. The Contractor will be required to maintain and provide to the City daily logs of labor, equipment, and other expense for work authorized under time and materials and shall be tracked under a task order completed for the work.
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EXHIBIT “B”
PLANS AND SPECIFICATIONS
All Work shall be performed in accordance with the then current City Standard Details and Specifications available at the following web address:
https://www.prcity.com/217/engineering-standards
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EXHIBIT “C”
SPECIAL CONDITIONS
ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract.
Failure to do so may, in the sole discretion of City, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.
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EXHIBIT “D”
CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
_______________________________
[***INSERT CONTRACTOR NAME***]
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
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EXHIBIT “E”
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:
DIR Registration Number:
DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
Contractor shall maintain a current DIR registration for the duration of the project. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Contractor
Signature
Name and Title
Dated
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” Attachment 2
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EXHIBIT “F”
PAYMENT AND PERFORMANCE BONDS
ATTACHED BEHIND THIS PAGE
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of El Paso de Robles (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
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(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
Attachment 2
City Council Agenda February 20, 2024
82477.07000\34650255.1
- 32 -
(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
Attachment 2
City Council Agenda February 20, 2024
82477.07000\34650255.1
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Attachment 2
City Council Agenda February 20, 2024
82477.07000\34650255.1
- 34 -
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of El Paso de Robles (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or Attachment 2
City Council Agenda February 20, 2024
82477.07000\34650255.1
- 35 -
subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
Attachment 2
City Council Agenda February 20, 2024
82477.07000\34650255.1
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Attachment 2
City Council Agenda February 20, 2024
82477.07000\34650255.1
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EXHIBIT “G”
RATE SCHEDULE
Routine Work: Routine work will be bid out to contractor on an as-needed basis at the request of the City. Routine work will be compensated based upon the bid amount negotiated and accepted by City and Contractor.
Emergency Work: Emergency work shall be paid on a time and materials basis in accordance with the following time and materials rates:
Hourly Rate Daily Rate
Foreman _________________ ____________________
Equipment Operator _________________ ____________________ Laborer _________________ ____________________
Equipment rates shall be per then current Caltrans Equipment Rental Rates.
Attachment 2
City Council Agenda February 20, 2024
82477.07000\34650255.1
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EXHIBIT “H”
SAMPLE TASK ORDER FORM
CITY OF EL PASO DE ROBLES
TASK ORDER
Task Order No. ______
Contract: [INSERT NAME OF CONTRACT]
Contractor: [INSERT NAME OF CONTRACTOR]
The Contractor is hereby authorized to perform the following work subject to the provisions of the Contract identified above:
All work shall comply with City’s current Standard Specifications and Details, and the requirements of the City Water Department for specific Task Orders.
List any attachments: [INSERT ATTACHMENTS, IF ANY]
Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: ____________, 20___
The undersigned Contractor hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all work specified above in accordance with the Contract identified above and will accept as full payment therefore the amount shown above.
CITY OF EL PASO DE ROBLES [INSERT CONTRACTOR NAME]
Dated: Dated:
By: By:
Attachment 2
City Council Agenda February 20, 2024
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: February 20, 2024
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 in early 2023.
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 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 (the first contract amendment fell within the City Manger’s change order authority and Council approval was not necessary).
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. Given that the initial public circulation period had ended, to address the comments concerning the level of congestion along the Golden Hill Corridor and additional biological work, additional changes were needed to the Draft EIR. The additional scope of work needed to accomplish those 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 up to $815,576.
8. At this time the applicant is proposing changes to the project description that will require the EIR to be re-circulated. This process will necessitate additional services and therefore further contract amendments with SWCA and Central Coast Transportation Consulting. The total EIR contract, if approved, will be authorized up to $955,668.
City Council Agenda February 20, 2024
9. In addition to contracts approved for consultants working on the EIR, it was necessary to hire a contract planning firm to assist staff in processing a project entitlement and EIR for a project of this magnitude. On January 19, 2021 the City Council approved a contract with Oasis Associates to provide land use planning and regulatory liaison services in the amount of $45,000. Since then, two amendments have been approved to accommodate increases to scope of services. As of May 17, 2022 the total approved contract for Oasis Associates is $120,000.
10. With the scope of services being increased to accommodate the proposed changes to the project description and re-circulation of the EIR it is necessary to request a third amendment to the Oasis contract to encompass an additional $45,000 (not to exceed $165,000).
Options
1. Take no action.
2. Authorize the City Manager to execute the following Consultant Agreements amendments:
a. SWCA Environmental Consultants EIR contract amendment 3 increase of $116,092 (not to exceed $666,433).
b. Central Coast Transportation Consultants Traffic Impact Study contract amendment 4 of $24,000 (not to exceed $264,765).
c. Oasis Associates contract amendment 3 of $45,000 (not to exceed $165,000).
3. Refer back to staff for additional analysis.
Analysis and Conclusions
SWCA, CCTC and Oasis have completed the majority of the work described in their original contracts. Due to the applicant’s request to amend the project description, amendments to the draft EIR, including new biological studies, are now needed. The draft EIR will also require re-circulation for additional public comment. The attached proposed contract amendments will facilitate the completion of the draft EIR amendments and re-circulation.
Fiscal Impact
There is no direct fiscal impact to the City because the applicant is required to reimburse the City for all EIR and TIS costs. Below are the summary of the contract and associated amendments, including tonight’s action:
Consultant Task Summary
Original
Contract
Approval
Change
Orders-toDate
Current
Request
Total
Contract
SWCA EIR Preparation $375,069 $175,272 $116,092 $666,433 Central Coast
Transportation
Consulting
Phase 2–Traffic Impact Study $128,790 $111,975 $24,000 $264,765 Oasis Project Management $45,000 $75,000 $45,000 $165,000 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.
City Council Agenda February 20, 2024
Recommendation (Option 2)
Approve attached Resolution 24-XXX, authorizing the City Manager to approve the following contract amendments and amounts:
a. SWCA Environmental Consultants EIR contract amendment 3 increase of $116,092 (not to exceed $666,433).
b. Central Coast Transportation Consultants Traffic Impact Study contract amendment 4 of $24,000 (not to exceed $264,765).
c. Oasis Associates contract amendment 3, increase of $45,000 (not to exceed $165,000).
Attachments
1. Resolution 24-XXX authorizing the City Manager to approve contract amendments. a. Exhibit A – SWCA Contract Amendment 3
b. Exhibit B – Central Coast Transportation Consulting Contract Amendment 4 c. Exhibit C – Oasis Associates Contract Amendment 3
City Council Agenda February 20, 2024
Attachment 1
RESOLUTION 24-XXX
RESOLUTION OF THE CITY OF EL PASO DE ROBLES CITY COUNCIL
AUTHORIZING CITY MANAGER TO EXECUTE CONTRACT AMENDMENTS FOR SWCA ENVIRONMENTAL
CONSULTANTS, CENTRAL COAST TRANSPORTATION CONSULTING, AND OASIS ASSOCIATES TO
PREPARE AN ENVIRONMENTAL IMPACT REPORT (EIR) AND TECHNICAL STUDIES FOR THE PASO ROBLES
BOYS SCHOOL REUSE PROJECT
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; and WHEREAS, Majestic Realty Company purchased the site in early 2023; and WHEREAS, the project proponent, John Semcken of Majestic Realty Company (Developer), 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 property located at the northwest corner of Airport Road and Dry Creek Road; and
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); and WHEREAS, due to the complexity of the traffic and circulation issues in the airport area, including the concerns of congestion along the Golden Hill Corridor and additional biological work, the traffic impact study scope has continued to change and as such, several contract amendments have taken place over the past year; and
WHEREAS, the developer has made significant changes to the project that was initially proposed and will require additional environmental studies, amendments to and re-circulation of the draft EIR; and WHEREAS, the additional scope of work needed to accomplish these tasks would require additional contract amendments for SWCA Environmental Consultants, Central Coast Transportation Consulting and Oasis Associates.
WHEREAS, the costs associated with these contracts, and associated change orders, will be fully reimbursed by the Developer.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves, and authorizes the City Manager to execute, the following contract amendments: SWCA Environmental Consultants EIR contract amendment increase of $116,092 (for a new not to exceed amount of $660,433), Central Coast Transportation Consultants Traffic Impact Study contract amendment 4 of $24,000 (for a new not to exceed amount of $264,765) and Oasis Associates contract amendment 3 of $45,000 (for a new not to exceed $165,000).
City Council Agenda February 20, 2024
Attachment 1
Approved this 20th day of February, 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John R. Hamon, Jr., Mayor
ATTEST:
_____________________________________________
Melissa Boyer, City Clerk
Exhibit A – SWCA Contract Amendment 3
Exhibit B – Central Coast Transportation Consulting Contract Amendment 4 Exhibit C – Oasis Associates Contract Amendment 3
City Council Agenda February 20, 2024
February 9, 2024
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, Change Order #1 dated April 22, 2022, and Change Order #2 dated September 5, 2023, to account for scope changes related to revision of the project description, including delays to the project schedule (est. 6 months). We are requesting additional funds in the amount of $116,092; a more detailed budget can be provided upon request. These funds account for the following scope changes:
Task Cost
New AQ/GHG, Noise, and Energy reports related to a revised TIS that includes new trip generation in intersection numbers, also includes updated modeling. Please note that this scope does not include compliance with any FHWA/Caltrans requirements associated with any improvements to the intersection at SR 46 and Airport Road. $32,247
New Visual Impact Assessment based on revised project design and revised conceptual renderings to be provided by the applicant team.
$3,869
Revisions to the completed Draft EIR related to the applicant’s request to revise the EIR project description, including new Admin Draft EIR, GIS graphic revisions, and additional technical editing coordination. Admin Draft EIR will be provided in electronic format only. $44,414
Recirculation of the Draft EIR including incorporation of City comments and production of the Draft EIR (including technical editing coordination and printing costs). $15,141
Revisions to existing Response to Comments document, including provision for up to ten new substantive comments on the Draft EIR
$7,256
Additional project management associated with the above, including additional staff meetings.
$13,155
Sincerely,
Brandi Cummings
Project Manager/Senior Environmental Planner
Exhibit A
SWCA Amendment 3
City Council Agenda February 20, 2024
(805) 316-0101
895 Napa Ave, Suite A-6, Morro Bay, CA 93442
February 9, 2024
Warren Frace, Community Development Director
City of Paso Robles
1000 Spring Street
Paso Robles, CA 93446
Mr. Frace:
As you know the Landing’s project description has changed substantially, nearly tripling the hotel rooms, adding a large conference center, and modifying the size and type of the industrial buildings and manufacturing spaces.
This proposal summarizes the scope of work to prepare a supplemental transportation analysis evaluating the revised project description.
CCTC will conduct the following tasks:
• Estimate the trip generation for the revised project description. Initial estimates show lower trip levels compared to the prior project description if the conference center usage on typical weekdays is small in size and/or infrequent.
• Prepare an initial Intersection Control Evaluation (ICE) for the Airport Road/SR 46E intersection.
Consider operations, safety, and other performance measures under stop, signal, and roundabout control.
• Identify transportation impacts of the revised project description. • Develop revised mitigation measures appropriate for the latest project description, including CEQA mitigations in the project’s EIR.
• Summarize findings and recommendations in a memorandum.
The cost estimate to complete this work is $24,000. 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
CCTC Amendment 4
City Council Agenda February 20, 2024
3427 Miguelito Court San Luis Obispo, CA 93401 805.541.4509 p 805.546.0525 f www.oasisassoc.com CP 018415 ● RLA 2248 ● CLARB 907
1 February 2024
Mr. Warren Frace, Community Development Director
CITY OF EL PASO DE ROBLES
1000 Spring Street
Paso Robles, CA 93446 via email - [email protected]
RE: PROFESSIONAL LAND USE PLANNING + REGULATORY LIAISON SERVICES for the ESTRELLA BOYS FACILITY/THE LANDING, CITY OF EL PASO DE
ROBLES, CA
ADDITIONAL SERVICES AGREEMENT (ASA) No. 03
This Additional Services agreement is made to the original Agreement between the City of El Paso de Robles ("Client"), c/o Mr. Warren Frace, Community Development Director, and Oasis Associates, Inc. (“Consultant”), dated 28 January 2021, for the City Project Number P20-0075:
Project Description
Project Name: Estrella Boys’ School Facility/The Landing, Project Number P20-0075 Project Location: City of El Paso de Robles, California Original Scope of Work: Professional land use planning and regulatory liaison services representing the City of El Paso de Robles in conducting project management & coordination for the entitlements for the
aforementioned property/project.
Additional Scope of Work
Based upon the increased scope of services and projected entitlement schedule, continue with the noted scope of work services through December 2024.
Estimated Additional Fees
Consulting Services $45,000.00
All other terms and conditions that are not hereby amended, are to remain in full force and effect.
If this ASA meets with your approval, please sign below, where indicated, and return to our office.
This will signify your agreement to and acceptance of the ASA and serve as our notice-to-proceed.
Respectfully submitted, AGREED AND ACCEPTED:
OASIS ASSOCIATES, INC. CITY OF PASO EL DE ROBLES
C.M. Florence, AICP By, _________________________________ Principal Planner
Its __________________________________
Date ________________________________
Attachment: Professional Fee Schedule
c: 20-0077
Exhibit C
Oasis Amendment 3
City Council Agenda February 20, 2024
3427 Miguelito Court San Luis Obispo, CA 93401 805.541.4509 p 805.546.0525 f www.oasisassoc.com CP 018415 ● RLA 2248 ● CLARB 907
PROFESSIONAL FEE SCHEDULE
PERSONNEL CHARGES – Hourly Rates
Principal Planner ...................................................................... $ 175.00/hr.
Expert Witness Services .......................................................... $ 250.00/hr.
Principal Landscape Architect/QSD & QSP............................ $ 175.00/hr.
Senior Planner .......................................................................... $ 150.00/hr.
Senior Landscape Architect ..................................................... $ 140.00/hr.
Senior Designer ....................................................................... $ 140.00/hr.
Construction Administrator ..................................................... $ 125.00/hr.
Irrigation Designer ................................................................... $ 120.00/hr.
Designer II ............................................................................... $ 120.00/hr.
Designer I ................................................................................. $ 115.00/hr.
Executive Assistant .................................................................. $ 75.00/hr.
Technical Assistant .................................................................. $ 70.00/hr.
REIMBURSABLE EXPENSES – Direct Charges
Charges for special outside services, equipment or facilities not furnished directly by Oasis Associates, Inc. will be added to the monthly invoice as a reimbursable expense. Such charges may include, but are not limited to, the following:
Outside services, equipment, or facilities Permit fees
Printing, scanning, photographic reproduction Sub-consultant fees Postage/shipping charges Telecommunication
Travel outside of San Luis Obispo County Facsimile
*Reimbursables may incur a ten percent (10%) administration fee.
NOTE: Rates are subject to change from time to time to reflect increased costs. as of January 2024
Exhibit C
Oasis Amendment 3
City Council Agenda February 20, 2024
Council Agenda Report
From: Darren Nash, City Planner
Subject: Approval of Development Plan (PD22-20), Oak Tree Removal (OTR23-11), Vesting Tentative Parcel Map PR 22-0054, and Conditional Use Permit 23-14 at 2930 Union Road/APN: 025-362-043
CEQA Determination: Approve the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan for Project.
Date: February 20, 2024
Facts
1. An application for Planned Development 22-20, Oak Tree Removal 23-11, Vesting Tentative Parcel Map PR22-0054, and CUP 23-14 has been filed by Kirk Consulting on behalf of Covelop/MD3, to develop on existing Lot 13 and existing Lot 6 located at 2930 Union Road.
2. The proposed development consists of subdividing existing Lot 6 into two parcels (Parcel A and Parcel B). The project proposes to then develop newly created Parcel A, Parcel B, and Lot 13 as shown below:
3. The site has a General Plan land use designation of Commercial Service (CS) and is in the Commercial-Light Industrial, Planned Development zoning overlay (C3-PD).
4. Commercial light industrial uses are allowed in the C3-PD zoning district. The purpose and intent of the planned development (PD) district zoning overlay is to provide for innovation and flexibility in the design of residential, commercial, and industrial developments. Approval of a development plan is required for all development in the planned development (overlay) district.
5. Paso Robles Municipal Code Section 21.13.030.F.2 requires that all new uses within the C3-PD zoning district east of Golden Hill Road, South of Union Road obtain a Conditional Use Permit (CUP) to ensure that all uses do not create noise, visual and/or land use impacts to neighboring land uses.
The applicant is seeking a CUP in accordance with this requirement.
City Council Agenda February 20, 2024
6. Oak Tree Removal Permit 23-11 requests removal of six of the eight native oak trees located on the parcel, totaling 270-inches of diameter removed, with the requirement to plant 67.5-inches diameter of mitigation trees on site.
7. Vesting Tentative Parcel Map PR 22-0054 would subdivide Parcel 6, which is currently 6.76 (net) acres, into two parcels where Parcel A would be 4.03 acres and Parcel B would be 2.73 acres. Existing Lot 13 is approximately 7 acres and while included as part of the development plan, is not included in the subdivision.
8. The Development Review Committee (DRC) reviewed the design of the project at their meeting on July 31, 2023, where they were in favor of the project and recommended that the project be scheduled before the Planning Commission for review. The DRC noted that more detailed information related to internal pedestrian connectivity, truck turning movements, and additional perspective views of buildings would be helpful for the Planning Commission to review. The applicants have provided a memo, attached as Attachment 3, that outlines how they have updated the plans to address DRC questions.
9. In compliance with the California Environmental Quality Act (CEQA), an initial study and mitigated negative declaration (SCH 2023090132) were prepared for the project and circulated between September 11, 2023 and October 10, 2023.
10. The project was scheduled to be reviewed by the Planning Commission on October 10, 2023. Prior to the meeting Planning Staff received two letters with comments related to the MND:
Air Pollution Control District Letter (Attachment 4) with suggestions regarding additional thresholds to consider and associated dust control conditions and greenhouse gas emission conditions.
Lozeau Drury, LLP, on behalf of Supporters Alliance for Environmental Responsibility (SAFER) Letter – (Attachment 5) indicating that SAFER is concerned that the proposed MND does not analyze the project impacts related to proposed oak removals and San Joaquin Kit Fox habitat impacts and requesting that an EIR be prepared for the project.
11. The project was reviewed by the Planning Commission on October 10, 2023 where, on a 5-0 vote (two Commissioners were absent), the Commission recommended that the City Council approve the project, with the added conditions related to the APCD letter.
12. At the October 10, 2023 meeting, staff, after consulting with the City Attorney, reported to the Commission as part of the staff presentation that the proposed MND was adequate to address the project impacts.
13. Kirk Consulting has provided a letter from LSA, the City’s air quality consultant, providing additional information regarding the air quality impacts and conditions of approval (see Attachment 6).
14. The project was scheduled for the November 7, 2023 City Council agenda, however after information was provided by Lozeau Drury, LLP, just hours prior to the start of the City Council meeting, it was recommended that the City Council continue the item to the next Council agenda to allow time for staff to review the information.
15. The item was continued to December 5, 2023, where the City Council continued the item to a date uncertain to provide staff additional time to review and respond to the extensive comments provided by Lozeau Drury, LLP.
16. On January 31, 2023, the City Clerk received a letter from Lozeau Drury, LLP, withdrawing the previous comments on the MND for the project, indicating that SAFER and the applicants have reached an agreement resolving the issuesraised in their comments on the project (see Attachment 7).
City Council Agenda February 20, 2024
Community Outreach
The City has provided public notices to neighbors and the general public regarding the CEQA document availability, Planning Commission hearing, and City Council hearing. The Planning Commission held a public hearing for the project on October 10, 2023.
Options
After consideration of any public testimony, the City Council should consider the following options:
1. Approve the following:
a. Resolution 23-XXX(A) to adopt the proposed Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan; and
b. Resolution 23-XXX(B) approving Planned Development 22-20, CUP 23-14, and Oak Tree Removal Permit 23-11; and
c. Resolution 23-XXX(C) approving Vesting Tentative Tract Map PR 22-0054.
2. Recommend approval of the project with modifications.
3. Refer the project back to staff for additional analysis.
4. Deny the project by adopting findings of denial.
Analysis and Conclusions
Project Summary
• Development Plan for a 240,000 square foot commercial/light-industrial complex on an approximate 14-acre site consisting of six buildings.
• Subdivision of Lot 6 to create Parcels A and B, where buildings 2, 3, and 5 are on Parcel A, and Buildings 4 and 6 would be on Lot B. Lot 13 would remain as it presently is and would accommodate Building 1.
• Development of Parcel 13 with a 126,000 square-foot warehouse and distribution building. • Removal of six oak trees with associated mitigation.
General Plan Consistency
The General Plan Land Use element lists the following uses as typical for the CS land use category:
“include[s] but are not limited to light manufacturing and assembly, as well as commercial uses.”
City Council Agenda February 20, 2024
Land Use Element Policy LU-2B is to “[p]romote architectural and design excellence by imposing stringent design and construction standards for commercial, industrial, mixed use, and multi-family projects.” The proposed business is planned to be commercial/light-industrial, which is like other uses typical of the CS land use designation.
Zoning Ordinance
The site is in the Commercial/Light-Industrial zoning district with a Planned Development overlay (C3, PD).
The intent and purpose of the planned development overlay district includes:
• Encouraging creative and higher quality development design through allowed flexibility in project design while providing for essential development standards; • Ensuring quality of overall project design, architectural treatment, and appropriate use of color and materials; and
• Encouraging projects which are compatible with surrounding development.
The surrounding area includes a mix of uses including a commercial/industrial complex, construction yards, and large lot residential to the east, with residential zoned land to the south (North Chandler Ranch). The building has been designed in a warehouse-industrial style design. An earth-tone color palette has been selected to tie the project to the surrounding landscape and the project will use industrialagrarian materials in its construction. Setbacks and parking areas include attractive landscaping.
Section 21.13.030.F – Conditional Use Permit requirement Paso Robles Municipal Code Section 21.13.030.F.2 requires that all new uses within the C3-PD zoning district east of Golden Hill Road, South of Union Road, requires a Conditional Use Permit (CUP) to ensure that uses do not create noise, visual and/or land use impacts to neighboring land uses.
The project has been designed in a manner that provides a 6-foot decorative masonry wall and a 10-footwide landscape planter which will provide visual screen from the residentially zoned land (North Chandler
City Council Agenda February 20, 2024
Ranch) to the south as required by Section 21.13.030.F.1a & b., as a result of the wall and the planter area, and since this project is not proposing any outdoor storage of equipment or materials, the project has been designed to adequately screen the site from the residential land to the south.
The project has been designed with commercial and light-industrial uses that do not create noise, visual and/or land use impacts to neighboring land uses, because of the design of the project providing perimeter setbacks, walls, fencings, landscape planters to help separate the project from neighboring land uses.
The Covelop/MD3 project includes commercial light-industrial uses along with warehousing, which are uses that will not have a detrimental effect on the city’s goal to revitalizing the downtown.
Development Standards
The project meets all zoning ordinance development standards. In the C3 zoning district, the maximum building height permitted is 50 feet. The minimum lot area is 5,000sf. There are no required building setbacks. Building 1 is the tallest building and would be 44-feet tall at the highest point, which is below the 50-foot height limit for the C3 zone. The multiple buildings are setback from all property lines by varying amounts. All the proposed lots would exceed the 5,000 square foot minimum lot size.
Signage
The project plans show potential wall mounted signs and free-standing monument signs for the multitenant project. A condition of approval has been added to the PD Resolution that requires a specific sign program to come back to the DRC prior to the issuance of a building permit for Phase 1.
Parking
The project would require a minimum of 300 parking stalls based on the proposed uses and Zoning Code parking ratios per square foot. The project site plan has been designed to provide 310 spaces, not including 16 truck dock parking spaces for Building 1.
Landscaping
Paso Robles Municipal Code Section 21.22.080 requires irrigated perimeter landscaping at least 10 feet deep along the front property line and 3 feet deep on interior property lines. Eight square feet of landscaping is required for every parking space with an emphasis on shade trees. In general, these landscape setback requirements have been complied with.
The Zoning Code also requires the installation of thick landscaped screening, at least 10 feet wide, along the southern property line of Lot 13 (Section 21.13.030.F.1.b). The intent of this landscape screening standard is to establish a visual buffer from the commercial/industrial uses and the future residential uses within the North Chandler Ranch Specific Plan area adjacent to the project site.
The original project submittal requested a reduction of the 10-foot setback requirement. However, after discussing the reduction request at the DRC, and the DRC having concern that there is not the ability for the Planning Commission to reduce a code requirement (unless the code section indicates modifications can be made), the applicant team has provided a revised site plan and landscape plan that can accommodate the 10-foot landscape area along the southern boundary of Lot 13. The plans are part of the plan set included with this staff report as an exhibit to PD Resolution B.
City Council Agenda February 20, 2024
Subdivision Ordinance
The project includes the subdivision of one existing lot into two parcels. The minimum lot size in the C3 zoning district is 5,000 sf, whereas the lot sizes for the project will range from 2.73 acres up to 7 acres. each. As part of the project’s frontage improvements, the applicant will be required to install new utilities for sewer and water.
Oak Tree Removal Request
There are six native valley oaks (Tree numbers 1, 2, 3, 4, 9 and 11), that will require removal to support the proposed project. These trees range in diameter at breast height (dbh) from 4 to 67 inches and received health ratings ranging from “fair” to “poor”.
The remaining two oak trees (Tree numbers 10 & 13) are proposed to be retained and have been incorporated into the proposed design. Several mitigation measures are required by the project to protect the trees that will remain, and there is a requirement to plant 34 1.5-inch diameter replacement Valley oaks on site, with the option of paying in-lieu fees to the City’s oak replacement fund for any trees that may not fit to plant on site.
Fiscal Impact
There is no direct fiscal impact from approving the recommended actions, however, the project is expected to have positive economic impacts to the City, which supports City Council’s overall economic development goals.
CEQA
The city has prepared an Initial Study/Mitigated Negative Declaration (MND) (SCH No. 2023090132) for the project in compliance with the California Environmental Quality Act (CEQA), which is included as an Exhibit to Draft Resolution A. The MND found that although the proposed project would generate potentially significant impacts to Biological Resources and Cultural Resources, the implementation of mitigation measures would reduce all potentially significant impacts to less than significant. A summary of proposed mitigation measures for the entirety of the project includes preconstruction surveys for special status species, oak tree protection measures, and monitoring during ground disturbing activities.
For a full list of mitigation measures, see Exhibit B, Draft Resolution A. These mitigation measures have been incorporated as conditions of approval for the Project.
The MND was made available for public comment from September 11, 2023 through October 10, 2023 to a set list of state and local agencies, designated Native American Tribes under AB 52, on the city’s website, at Paso Robles Community Development Department, and at the Paso Robles Library. The Notice of Intent to Adopt a Mitigated Negative Declaration was made available by the following methods to indicate the availability of the environmental document during the public comment period: (i) published in the Tribune Newspaper, a newspaper of general circulation; (ii) filed with the San Luis Obispo County Clerk; (iii) filed with the State Clearinghouse; (iv) mailed to various interested persons, agencies, and tribes; and (v) posted on the City’s website.
The City has received the following comment letters:
Attachment 4. San Luis Obispo Air Pollution Control District Letter Attachment 5. SAFER – Lozeau Drury, LLP
City Council Agenda February 20, 2024
Responses to the comment letters received prior to the October 10, 2023 Planning Commission meeting have been prepared, and are attached to Resolution A, as Exhibit A.
Since November 5, 2023, City Council meeting Covelop and SAFER have reached an agreement to resolve the issues raised by SAFER on the project. Lozeau Drury, LLP, on behalf of SAFER provided the January 31, 2023 letter withdrawing all comments file with the city and urges the City to approve the project.
Recommendation (Option 1)
Approve the following:
a. Resolution 24-XXX(A), adopting the proposed Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan; and
b. Resolution 24-XXX(B), approving Planned Development 22-20, CUP 23-14, and Oak Tree Removal Permit 23-11; and
c. Resolution 24-XXX(C), approving the Vesting Tentative Tract Map PR 22-0054.
Attachments
1. Vicinity Map
2. Project Description
3. Ardmore Industrial DRC Update Memo
4. SLO APCD Letter
5. SAFER Letter – Lozeau Drury, LLP - 10.10.23
6. LSA/Applicant Letter re: APCD
7. SAFER – Lozeau Drury, LLP “Withdrawal of Comments on the Initial Study (IS) and Mitigated Negative Declaration (MND for the Ardmore Industrial Project” - 01.31.24
8. Resolution 24-XXX(A) - Proposed Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan
9. Resolution 24-XXX(B) - Planned Development 22-20, CUP 23-14, and Oak Tree Removal Permit 23- 11 10. Resolution 24-XXX(C) - Vesting Tentative Tract Map PR 22-0054
11. Legal Affidavit
12. Mail Affidavit
City Council Agenda February 20, 2024
Attachment 1
City Council Agenda February 20, 2024
1 COVELOP/MD3 – CUP/PD22-20/PARCEL MAP PR22-0054
2930 UNION ROAD, PASO ROBLES, CA 93446
LOTS 6 & 13 OF APN 025-362-043
PROJECT DESCRIPTION (JULY 2023)
Parcel Size: +/- 14 acres
APN: Lots 6 & 13 of APN 025-362-043
Address: 2930 Union Road, Paso Robles, CA 93446
Zoning: Commercial/Light Industry & Planned Development (C3/PD) Existing Uses: Agricultural Accessory Structures, Horse Pasture Access: Ardmore Road & Ardmore Extension
1.0 Summary of Request
A request by Covelop, Inc. (“Covelop”) and MD3 Investments (“MD3”) for a Vesting Tentative Parcel Map (PR22-0054) and a phased Planned Development/Conditional Use Permit (PD22-20) to allow the construction of six (6) commercial/light industrial buildings totaling 240,327 sq. ft.
Anticipated uses included warehousing / storage, wine processing and tasting, light / craft manufacturing, office, and limited retail. A modification from the landscaping standards outlined in Section 21.13.030.F.1.b is requested to reduce landscape screening along the southern property line of Lot 13.
2.0 General Description
The project site is a +/- 14-acre property
located at 2930 Union Road, lots 6 & 13
of APN 025-362-043, in the City of Paso
Robles and is situated approximately
0.25 miles south of Highway 46 E and 2.3
miles east of downtown Paso Robles. The
site has existing access from Ardmore
Road and will have future access from
both Ardmore Road and Ardmore
Extension. The parcel is zoned Light
Industrial (C3) and has Planned
Development (PD), Hillside
Development, and Airport Influence
overlays.
Figure 1: Vicinity Map
Attachment 2
City Council Agenda February 20, 2024
2 3.0 Background
3.1 Parcel History
The project site consists of two legal lots, Lot 6 and 13 of APN 025-362-043. Both lots were originally recorded in the Golden Hills Orchards Tract Map in 1919 (MB 002-050-001, attached) and are identified in the Figure 2 below:
Figure 2: Assessor’s Map - Lots 6 & 13
3.0 Project Setting and Existing Conditions
Existing uses on the project site consist of abandoned agricultural structures and +/- 12 acres of horse pasture. The site is mostly flat with gently rolling slopes downwards from north to south to a non-jurisdictional swale running across the southern edge of the site. There are eight (8) existing oak trees onsite, seven (7) of which are in poor or very poor conditions and one (1) that is in good condition. Native soils within the project site are predominately within the ArbuckleSan Ysidro Complex and San Ysidro Loam.
Surrounding usesinclude Commercial/Light Industry zoned parcels to the north (residence, horse pasture), east (residences, animal raising), and west (Daniels Wood Land, Spurr/Case Pacific Attachment 2
City Council Agenda February 20, 2024
3 Construction/outdoor storage yard), and Residential Single-Family and Residential Agriculture zoned parcels to the south (vacant, rangeland).
The parcels to the south of the project site
are also within the boundary of the North
Chandler Ranch Specific Plan. Chandler
Ranch was annexed into the City of Paso
Robles in 1980 with the intention for it to be
developed with new residential
development. Chandler Ranch was later
divided into two different specific plan
areas, North Chandler Ranch and South
Chandler Ranch. South Chandler Ranch was
identified as being flatter, more accessible,
and easier to develop, and North Chandler
Ranch was identified as having steeper
hillsides and oak woodlands, which are
attributes that make development more
challenging. South Chandler Ranch was
approved for 560 dwelling units, with the
first homes expecting to be available in
2023. North Chandler Ranch was approved
for 879 dwelling units, however, there are
no current plans to start on this
development. See Figure 3 for the
surrounding uses.
4.0 Project Description
4.1 Overview
Covelop and MD3 are proposing a mixeduse development with light industrial and commercial components that can respond to a growing market demand for warehousing, storage, manufacturing, wine making and retail space. Structures, with a modern industrial aesthetic, will be situated around the two existing viable oak trees to create a meaningful connection between the built environment and nature while adding site amenities valuable to customers and employees of the businesses. The proposed development will encourage a synergistic ecosystem that will provide an opportunity for a range of businesses and visitor serving uses.
Figure 3: Surrounding Uses Map
Attachment 2
City Council Agenda February 20, 2024
4 4.2 Vesting Tentative Parcel Map
The proposed project will subdivide an existing 7.53-acre gross lot (Lot 6), into two parcels totaling 4.02 acres net (Parcel A) and 2.73 acres net (Parcel B). The subdivision will consolidate Buildings 2, 3 and 5 on Parcel A and Buildings 4 and 6 on Parcel B.
The subdivision improvements will include the construction of asphalt paved drives, drainage conveyance systems, walkways, pad grading of lots, and utility connections for lots; including water, sanitary sewer, and a storm drain system. The proposed parcel line will be located on the center line of the internal access drives with a reciprocal access easement to be established for both parcels. See the proposed lot configuration in the attached Vesting Tentative Parcel Map No. PR-22-0054 (Wallace Group, October 2022) and in Figure 4 below:
Figure 4: Lot Configuration
4.3 Site Design
Site development will consist of six (6) buildings totaling 240,327 sq. ft. of floor area, site access, circulation, and drainage improvements, 114,529 sq. ft. of landscape screening/ornamental landscaping, and the construction of 310 vehicle parking spaces and 16 motorcycle parking spaces. The site plan and buildings were designed around the existing two viable oak trees to minimize site and oak tree impacts. Lot 13 will be developed with one large warehouse building consisting of 116,812 sq. ft. of warehouse space and 9,000 sq. ft. of supporting office space. Lot 6 will be subdivided into two parcels totaling 4.02 acres (Parcel A) and 2.73 acres (Parcel B) and will be developed with five (5) smaller buildings totaling 114,515 sq. ft of building area that will consist of a mix of retail, manufacturing, winemaking, and storage uses. A retention basin is proposed at the northeastern corner of the site to capture surface runoff. The project will result in approximately 14 acres of site disturbance and +/-19,803 CY cut and +/-43,515 CY fill (note that earthwork figures are relative to finish grade and are unadjusted for soil consolidation). See LOT 13
NOT A PART OF THIS MAP
4.52 AC GROSS
4.02 AC NET
3.01 AC GROSS
2.73 AC NET
Attachment 2
City Council Agenda February 20, 2024
5 Table 1 below for a summary of the proposed buildings and use areas and Figure 5 for the Overall Site Plan:
Table 1: Project Summary Table
Lot Building Building Area
(sf) Use Use Area(sf)
13 1 125,812 Office 9,000
Warehouse 116,812
6 “Parcel A”
2 9,360
Retail
Winemaking
Storage
Manufacturing
7,392
41,016
40,271
25,836
3 23,370
5 22,565
6 “Parcel B”
4 13,950
6 45,270
Total Lot 6 114,515
Total Combined 240,327
Figure 5: Overall Site Plan
4.4 Phasing
The project is proposed to be implemented in two phases. Phase I will consist of the development of Lot 13, the construction of buildings 2, 3 & 4 and access, circulation, parking, retention basin, and landscaping on Lot 6 (“Parcel A”), and the construction of Ardmore Extension. Phase II will consist of buildings 5 & 6 on Lot 6 (“Parcel B”) with the adjacent parking and site circulation improvements. See the Phasing Plan in Table 2 below:
Table 2: Phasing Plan
Attachment 2
City Council Agenda February 20, 2024
6 Phase I Phase II
Lot 13
- Building 1
- Site access, circulation, parking, fencing &
landscaping
Lot 6 “Parcel A”
- Buildings 2, 3 & 4
- Site access, circulation, parking, utilities,
fencing, retention basin & landscaping
Ardmore Extension
Lot 6 “Parcel B”
- Buildings 5 & 6
- Parking, fencing &
landscaping adjacent to
Buildings 5 & 6
4.5 Building 1 – Warehouse
The project includes a proposal to construct a 125,812 sq. ft. pre-engineered metal building (PEMB), which consists of 116,812 sq. ft. of warehousing spaces and 9,000 sq. ft. of supporting office space. The warehouse will have a maximum height of approximately 44 feet and will include architectural elements such as furred out accent panels at office areas, contrasting metal panels, metal framed awnings, clerestory windows along the northern elevation to enhance the Ardmore Extension view corridor, varying roof heights to break up building mass, and large storefront windows at office areas to create visual interest on the façade. Depressed loading docks are proposed on the west side of the building, closest to Ardmore Road, and the offices are proposed on the east side of the building. Two (2) waste storage areas are proposed; one on the southwestern corner of the building and one on the northeastern side of the building. See Sheet A3.0 of the Plan Set for the conceptual floor plan. See perspective renderings on Sheets A4.7 – A4.9 and Design Details on Sheet A2.0 of the Plan Set and in Figure 6 below:
Figure 6: Building 1 Design Details
4.6 Building 2
Attachment 2
City Council Agenda February 20, 2024
7 Building 2 will be a 9,360 sq. ft. PEMB with a maximum height of approximately 32 feet-. The building design
will be pedestrian focused, with storefront entries to
tenant spaces, framed awnings, and Corten focal
elements on the northern and western (Ardmore Road
frontage) portions of the building. The southern portion of the building, which fronts Ardmore Extension, would
have two potential design options based on commercial
demand generated by vehicle traffic. While Ardmore
Extension remains incomplete, the southern elevation
would consist of corrugated metal panels, accent metal
panels, and clerestory windows due to minimal
retail/commercial demand on the street frontage. As Ardmore Ext. is extended through to the east, there is the potential for commercial demand to increase for the Building 3 south elevation; therefore, the south elevation has been designed to easily convert to the main commercial frontage. New storefront entries and awnings will be added for additional architectural detailing and all modifications will utilize existing openings to avoid structural modifications to the building.
4.7 Building 3
Building 3 will be a 23,370 sq. ft. PEMB with a
maximum height of approximately 33 feet. The
northern portion of the building will be pedestrian
focused and will include architectural elements such
as awnings, trellises over walkways, large storefront
entries and glazing, and the use of different materials to create accents and improve the overall aesthetics
of the building. Approximately 6,036 sq. ft. of the
northern portion of the building will be amenity
facing commercial space, consisting of 2,012 sq. ft. of retail and 4,024 sq. ft. winemaking uses, and will
have a direct view of one of the existing oak trees.
See Sheet A2.1 of the Plan Set for pedestrian focused design details.
While Ardmore Ext. remains unfinished, the southern portion of the building will be service focused and will consist of roll-up service doors, high clerestory windows, and a service road. As Ardmore Ext. is extended through to the east and there is more traffic, the southern elevations are designed to easily evolve into a more amenity facing commercial appearance, which will include storefront entries, framed awnings, and additional signage. See Sheet A3.3 of the Plan Set for exterior elevations and floors plans, and Figure 9 below for the alternative southern elevations:
Figure 9: Building 3 – Southern Elevation Alternatives
Figure 7: Building 2 Location
Figure 8: Building 3 Location
Attachment 2
City Council Agenda February 20, 2024
8 Service Facing – Interim Elevation
Amenity Facing Commercial – Final Elevation
4.8 Building 4
Building 4 will be a 13,950 sq. ft. PEMB with a
maximum height of approximately 33 feet. The
building design will be hybrid focused by
incorporating pedestrian and service design
features on the facades, such as roll-up service
doors. Framed awnings, high clerestory windows
and storefront entries. Access to the tenant spaces
will be provided on the northern and southern
building frontages. The western façade fronts
Ardmore Road and will include Corten focal
elements to attract patrons to the business while
providing architecturally interesting design
elements. See Sheet A2.3 of the Plan Set for Building 4 design details and Sheet A3.4 for elevations and the conceptual floor plan.
Figure 10: Building 4 Location
Attachment 2
City Council Agenda February 20, 2024
9 4.9 Building 5
Building 5 will be a 22,565 sq. ft. PEMB with a
maximum height of approximately 34 feet-. The
building design will also be hybrid focused with
approximately 2,100 sq. ft. of the southern portion of
the building being amenity facing commercial,
consisting of 700 sq. ft. of retail and 1,400 sq. ft. of winemaking uses. The amenity facing commercial
also strategically faces an existing oak tree which adds aesthetic value and creates a shaded open space area
for visitors and/or employees. See Sheet A3.5 for
building elevations and the conceptual floor plan.
4.10 Building 6
Building 6 will be a 45,270 sq. ft. PEMB with a
maximum height of approximately 35 feet. The
building design will be hybrid focused, with storefront entries, framed awnings, and Forten focal elements on
the southern facade and service focused design
elements, such as large roll up doors, on the northern
façade. A service road will provide access from
Ardmore Road along the northern side of the building
to direct service deliveries out of the main parking
areas and reduce internal site congestion. A loading
dock is proposed at the northeastern corner of the
building to provide a dedicated space for trucks to back up, allowing for easier and faster loading and unloading of goods and products. See Sheet A3.6 of the Plan Set for the conceptual floor plan and Sheet A3.7 for building elevations.
4.11 Access & Circulation
The project site has existing access from Ardmore Road, with future access proposed from both Ardmore Road and Ardmore Extension. Primary vehicular access to Building 1 will be provided by a 38-foot-wide paved private driveway along Ardmore Road, shared between Lot 13 and the property to the west (APN 025-362-042), and a 26-foot-wide paved driveway entrance on the east side along Ardmore Extension. Distribution vehicles are expected to primarily use the west most entrance as the loading docks is proposed on the western side of the building. Standard vehicles will have the option to use either entrance but are expected to primarily use the eastern entrance due to the proximity of parking spaces and office uses.
Buildings 2-6 will be provided two (2) 26-foot-wide paved driveway entrances and one (1) 26- foot-wide paved service road entrance along Ardmore Road and one (1) 24-foot-wide paved driveway entrance and one (1) 26-foot-wide paved service road entrance along Ardmore Figure 11: Building 5 Location
Figure 12: Building 6 Location
Attachment 2
City Council Agenda February 20, 2024
10 Extension. The service road entrances will provide access to Buildings 3 and 6 and will primarily serve larger vehicles (e.g. semitrucks, box trucks, distribution vehicles). The onsite circulation pattern will help separate traffic for each building and will promote an efficient flow of vehicles throughout the project site.
4.12 Parking
Lot 13, Building 1
A minimum of 144 parking spaces, 6 ADA parking spaces, and 8 motorcycle parking spaces are required per Section 21.22.040 and Section 21.22.060 of the Zoning Ordinance. A total of 154 parking spaces and 8 motorcycle parking spaces are proposed to serve the warehouse and office uses of Building 1. This total includes 43 compact spaces along the southerly boundary, 8 ADA spaces, and 10 EVC spaces. See Table 3 below for additional details on the parking requirements for Lot 13.
Table 3: Lot 13 Parking Requirements
USE AREA PARKING RATIO SPACES
REQUIRED
SPACES
PROVIDED
Office Area 9,000 sf 3 sp/1000 sf 27
Warehouse 116,812 sf 1 sp/1000 sf 117
PARKING REQUIRED 144 (MIN) 154*
ADA PARKING REQUIRED 6 (MIN) 8
MOTORCYCLE SPACES REQUIRED (1 sp/20) 8 8
* includes 43 compact spaces and 10 EVC spaces
Lot 6, Parcels A & B
Development of Lot 6 is proposed across five buildings as flexible space to provide occupancy to a range of tenants as the market demand warrants. The mix of uses described in both the tables below, and paragraphs 4.6-4.10 above, project a potential mix of complimentary uses corresponding with parking demands for site layout development. As the project is developed and tenants are identified, the corresponding parking requirement(s) will be allocated, leaving the not-yet allocated parking spaces for future development potential uses.
Parcel A
Buildings 2, 3, and 5 are proposed for development within the boundary of Parcel A. The parking requirements for each building are summarized in Table 4 below, consistent with Section
21.22.040 and 24.22.060 of the Zoning Ordinance. A minimum of 83 parking spaces (3 of which are ADA compliant) and 4 motorcycle parking spaces are required for the proposed development of Parcel A. A total of 83 parking spaces and 8 motorcycle spaces are proposed within the boundary of Parcel A to serve the commercial, storage, and manufacturing uses of Buildings 2, 3, and 5. This total includes 4 ADA spaces and 13 compact parking spaces located between Building 2/3 and 4/5.
Attachment 2
City Council Agenda February 20, 2024
11 Table 4: Lot 6 - Parcel A Parking Requirements
BLDG # - USE AREA PARKING RATIO SPACES
REQUIRED
SPACES
PROVIDED
2 - Storage Area 4,680 sf 1 sp/1000 sf 5
2 - Commercial 4,680 sf 3 sp/1000 sf 14
3 - Commercial 2,012 sf 3 sp/1000 sf 6
3 - Storage Area 17,334 sf 1 sp/1000 sf 17
3 - Winemaking 4,024 sf 1 sp/1000 sf 4
5 - Commercial 700 sf 3 sp/1000 sf 2
5 - Manufacturing 13,644 sf 1 sp/500 sf 27
5 - Winemaking 1,400 sf 1 sp/1000 sf 1
5 - Storage 6,821 sf 1 sp/1000 sf 7
PARKING REQUIRED 83 (MIN) 83*
ADA PARKING REQUIRED 3 (MIN) 4
MOTORCYCLE SPACES REQUIRED (1 sp/20sp) 4 8
* includes 4 ADA parking spaces and 13 compact spaces
Parcel B
Buildings 4 and 6 are proposed for development within the boundary of Parcel B. The parking requirements for each building are summarized in the Table 5 below, consistent with Section
21.22.040 and 21.22.060 of the Zoning Ordinance. A minimum of 71 parking spaces (2 of which are ADA compliant) and 4 motorcycle parking spaces are required for the proposed development of Parcel B. A total of 73 parking spaces are proposed to serve the storage, winemaking, and manufacturing uses of Buildings 4 and 6. This total includes 4 ADA parking spaces, 10 EVC parking spaces and 10 compact spaces.
Table 5: Lot 6 - Parcel B Parking Requirements
BLDG # - USE AREA PARKING RATIO SPACES
REQUIRED
SPACES
PROVIDED
4 - Storage Area 3,488 sf 1 sp/1000 sf 4
4 - Manufacturing 6,975 sf 1 sp/500 sf 14
4 - Winemaking 3,487 sf 1 sp/1000 sf 3
6 - Storage Area 7,948 sf 1 sp/1000 sf 8
6 - Manufacturing 5,217 sf 1 sp/500 sf 10
6 - Winemaking 32,105 sf 1 sp/1000 sf 32
PARKING REQUIRED 71 (MIN) 73*
ADA PARKING REQUIRED 2 (MIN) 4
MOTORCYCLE SPACES REQUIRED (1 sp/20) 4 0
* includes 4 ADA parking spaces, 10 compact spaces, and 10 EVC spaces A shared ‘blanket’ reciprocal access and parking easement will be established in perpetuity over Parcel A and B for vehicular traffic. A minimum of 154 parking spaces (5 of which to be ADA compliant) and 8 motorcycle parking spaces are required for the development of both Parcel A Attachment 2
City Council Agenda February 20, 2024
12 and Parcel B. A total of 156 parking spaces and 8 motorcycle parking spaces are proposed to serve both parcels. This includes 8 ADA parking spaces, 23 compact parking spaces, and 10 EVC spaces.
The parking requirements for both parcels are summarized in Table 6 below:
Table 6: Lot 6 – Combined Parking Requirements
Parcel Spaces Required Spaces Provided
Parcel A 83 spaces
3 ADA spaces
4 motorcycle spaces
83 spaces
4 ADA spaces
8 motorcycle spaces
Parcel B 71 spaces
2 ADA spaces
4 motorcycle spaces
73 spaces
4 ADA spaces
0 motorcycle space
Total 154 spaces
5 ADA spaces
8 motorcycle spaces
156 spaces*
8 ADA spaces
8 motorcycle spaces
* includes 8 ADA spaces, 39 compact spaces, and 10 EVC spaces
4.13 Landscaping
Irrigated landscaping is required along the property frontages and interior property lines per Section 21.22.080.E.1. of the Zoning Code. Additional landscape screening is required along the southern property line of Lot 13 to screen the proposed project from the future residential uses within the North Chandler Ranch Specific Plan Area per Section 21.13.030.F.1.b of the Zoning Code. Refer to Table 7 below for the landscaping requirements:
Table 7: Landscaping Requirements
Front PL Street Side PL Interior PL Lot 13 Southern PL
10’ 5’ 3’ 10’
The application proposes a minimum of 10 feet of landscaping along the property frontage (Ardmore Road), 5 feet of landscaping along the side street property lines (Ardmore Extension) and 3 feet of landscaping along the interior property lines (Lot 13 northern/eastern PL & Lot 6 northern/eastern PL).
The landscaping design paid special attention to the northern property line and the NE corner of the site. The retaining walls along the northern property line were reduced to create enough space for a tall layered evergreen hedge consisting of varies species of shrubs and trees. The NE corner of the site, which contains the drainage basin, was utilized as an area where more intensive trees and shrub planting could occur to soften the view of the project site from the NE prior to development of the properties to the north and east of the site. This approach will help create a natural boundary while improving the overall landscaping of the property. The result is a harmonious and cohesive design that blends well with the surrounding environments, adding Attachment 2
City Council Agenda February 20, 2024
13 to the aesthetic appeal of the property, and functions as a bioretention area to filter, store, and infiltrate stormwater back into the aquifer.
The Zoning Code also requires that a minimum of twenty-five percent of the parking lot shall be shaded within five years of construction (Section 21.22.080.E.2). The application proposes ample shade tree species in the parking lots and shall comply with this standard. See Sheet L1.1 and L1.2 of the Plan Set for more information on the conceptual landscape plan.
A request to modify the landscape screening standards for the southern property line of Lot 13 (21.13.030.F.1.b) has been included in Section 4.13.1 of the Project Description, below.
4.13.1 Landscape Screening Modification
The Zoning Code requires the installation of thick
landscaped screening, at least 10 feet wide, along the
southern property line of Lot 13 (Section 21.13.030.F.1.b).
The intent of thislandscape screening standard is to establish a visual buffer from the commercial/industrial uses and the future residential uses within the North Chandler Ranch Specific Plan area adjacent to the project site. However, there are certain circumstances that make these standards impractical and inefficient.
A modification is requested to reduce the width of the
landscaping to 7 feet for a majority of the southern property line of Lot 13. In a specific section spanning approximately 60-80 feet, a width of 0-7 feet of landscaping is requested.
The reduced landscaping is required to accommodate the
decorative masonry wall while allowing for onsite circulation and parking. In the 60-80-foot section, 0-7 feet of
landscaping width is necessitated by site constraints linked to the two (2) proposed 30” storm drainpipes, which is
essential for redirecting the non-jurisdiction drainage flow.
While a reduction in landscape screening ground area is requested, the proposed landscape screening tree canopy will grow to 15-35 feet in width1, thereby providing a
minimum of 15 sq. ft. of aerial landscape screening. While a small portion of the southern property line will have zero feet of ground landscaping, strategic positioning of trees adjacent to this section will provide aerial screening in this 1 Section 21.13.030.F.1 recommends planting trees or tall shrubs that would grow more than ten feet high such as Eucalyptus Nicholii and Leyland Cypress. When full grown, Eucalyptus Nichollii and Leyland Cypresses typically have a canopy width of 15-30 feet and 15-25 feet, respectively. https://www.arborday.org/trees/treeguide/treedetail.cfm?itemID=828 Figure 13: Landscaping
Attachment 2
City Council Agenda February 20, 2024
14 area. The proposed landscaping, in conjunction with the masonry wall, effectively achieves the intended purpose of the landscape screening standard and will successfully shield the proposed development from future residential uses. See Figure 13 for the location of the proposed landscaping and masonry wall.
4.14 Fencing
The application proposes four types of fencing: Chain link with vertical privacy slats, vinyl coated chain link, black tube steel fencing, and a decorative masonry wall. Black tube steel fencing is proposed around the existing oak tree between Buildings 2/3 in order to protect the critical root zone. Vinyl coated chain link fencing is proposed around the retention pond to prevent accidental and unwanted access. Vinyl coated chain link fencing is also proposed along the northern and eastern property lines of Lot 6 with the purpose of allowing shrubs to grow on them to provide vegetative screening to soften offsite views of the proposed development. Chain link fencing with vertical privacy slats is proposed along the western property line of Lot 13 to match neighboring property fencing types. Lastly, a decorative masonry wall is proposed along the southern property line of Lot 13 to screen the project from future residential uses, consistent with Section
21.13.030.F.1.a. See Sheet L1.1 of the Plan Set for fencing types and locations and Figure 14 below for proposed fencing types:
Figure 14: Proposed Fencing Types
4.15 Lighting
The project site parking lots will be illuminated with 28-foot pole mounted downward facing LED lights (Figure 15). Building faces will be illuminated with wall mounted downward facing lights (Figure 16). Street lighting will be installed along the project frontage consistent with City standards for spacing and based on the locations of existing streetlights. See Sheet C3.2 of the Plan Set for streetlight locations. See Sheets E1-E3 for the Site Lighting and Photometric Plan (respectively).
https://www.gardenia.net/plant/eucalyptus-nicholii#:~:text=Grows%20up%20to%2035%2D50,(4%2D7%20m).
Chain Link w/ Privacy Slats Vinyl Coated Chain Link Black Tube Steel Decorative Masonry Wall Attachment 2
City Council Agenda February 20, 2024
15 4.16 Signage
The project site will contain separate operations with multiple points of access from Ardmore Road and Ardmore Extension. The project proposes a monument entry sign and multiple wall signs in order to efficiently direct traffic into the site and allow the different business to differentiate themselves from one another. A total of 1,200 sq. ft. of signage is proposed.
Monument Sign: Three (3) 4’ x 6’ monument signs are proposed for a total monument sign area of 72 sq. ft. Monument signs are proposed on Lot 6 (Parcel A) at the corner of Ardmore Road and Ardmore Extension, Lot 6 (Parcel B) at the center entrance, and Lot 13 at the rear entrance, farthest away from Ardmore Road. The monument signs will feature grey corrugated metal siding, Corten metal panel accents, and punched out lettering and will be installed on a concrete base with reveals. The proposed monument sign design and materials will be compatible with the site architecture and the color palette will complement the colors of the proposed buildings. LED spot-lights are proposed for sign illumination. The monument signs shall not be located within the public right-of-way and will be consistent with Section 21.19.040.K of the Zoning Code. See Sheet A5.2 of the Plan Set for additional details.
Wall-Mounted Signs: Wall signs are proposed on Buildings 1-6 and will be designed to be compatible and consistent with surrounding signs and building architecture. The wall sign area shall comply with Section 21.19.040.O of the Zoning Code which allows 1 sq. ft. of signage per 1 linear foot of building with a street frontage. The total linear feet of buildings with a street frontage is equal to 1,128 linear feet and a total of 1,128 sq. ft. of signage is proposed.
4.17 Waste Storage
Waste enclosures are proposed in multiple locations throughout the site, primarily behind the proposed buildings or in a centralized, screened location. The waste enclosures will be ADA Figure 15: Parking Lot Lighting Figure 16: Building Mounted Lighting Attachment 2
City Council Agenda February 20, 2024
16 accessible and will be constructed with standard concrete blocks, corrugated metal roofing, and double swing lockable gates. See Sheet A5.2 of the Plan Set for waste enclosure details and Figure 17 below for waste enclosure locations.
Figure 17: Waste Enclosure Locations
4.18 Grading and Drainage
The proposed development of Lot 13 (for Building 1) takes advantage of the natural gradient of the site, sloping from east to west. An existing non-jurisdictional drainage crosses the southwesterly corner of the property where the storm drainage system installed by the Spurr development to the west conveys stormwater off-site.
Proposed development of Lot 6 requires sensitive consideration of two existing oak trees that are intended to be preserved/protected with the project. Additionally, the existing improvements along Ardmore Road and the set match elevation at the Ardmore Extension prescribe boundary conditions for grade and access. Lot 6 has two drainage areas, with roughly two-thirds of the Lot draining to the west, toward an existing storm drain system installed across Ardmore Road with the Daniels Wood Land project to the west. A second, smaller drainage area slopes toward the northeast corner of the site.
At buildout of the project (both Lots 13 and 6), a cumulative earthwork estimate results in full property disturbance (approximately 14 acres) and 19,803CY cut and 43,515 CY fill. (Note that earthwork figures are relative to finish grade and are unadjusted for soil consolidation.) The proposed site development will be improved with paved surfaces including concrete channels and curbs for storm water conveyance. Catch basins and underground storm drains are proposed to collect and direct project runoff to treatment and retention systems before allowing runoff from the project site.
Attachment 2
City Council Agenda February 20, 2024
17 A Preliminary Stormwater Control Plan was prepared by Wallace Group in March 2023 to address project stormwater impacts and mitigation measures (attached). A Preliminary Drainage Report was prepared by Wallace Group in March 2023 to assess the onsite drainage conditions of the project site and to document the preliminary drainage design for the proposed project in support of the preliminary grading plans (attached).
5.0 Environmental Considerations
5.1 Water & Sewer
The proposed project’s water and sewer will be provided by the City of Paso Robles. The project has an annual water demand of 21 AFY and a daily wastewater demand of 15,356 gpd (Wallace Group, November 2022). See Table 8 below for additional information on water and sewer demand estimates:
Table 8: Water & Wastewater Demand Estimates
Attachment 2
City Council Agenda February 20, 2024
18 5.2 Traffic
A Transportation Impact Study (TIS) was completed by Central Coast Transportation Consulting (“CCTC”) in December 2022 (attached). The Study included a Vehicle Miles Traveled (VMT) analysis, Trip Generation Estimate, and recommendations for site access.
5.2.1 Existing Conditions
Ardmore Road is a two-lane minor road with a posted speed limit of 30 miles per hour.
No collisions occurred on Ardmore Road between 2017-2021 (Statewide Integrated Traffic Record Systems). One collision occurred south of Golden Hill Road/Ardmore Road intersection; however, no collision pattern was identified. Existing uses along Ardmore Road are expected to generate 513 net new trips per weekday, including 79 AM peak hour trips and 48 PM peak hour trips. Following the completion of the Golden Hill Road/Union Road roundabout, Ardmore Road will not be the fastest route and cut-through traffic is not anticipated.
5.2.2 Project Trip Generation
The proposed project will generate 1,194 net new vehicle trips per weekday, including 117 AM peak hour trips and 158 PM peak hour trips2. See Table 9 below for Project Trip Generation.
Table 9: Project Trip Generation
5.2.3 Intersection Operations
Existing and proposed trip generation was used to estimate the turning movement and volumes at Golden Hill Road/Union Road and Golden Hill Road/Ardmore Road. The Study concluded that the intersections would operate at a Level of Service (LOS) C or better with the addition of the project traffic and the completion of the Golden Hill Road/Union Road roundabout.
2 The Trip Generation Analysis analyzed a larger project than what is currently being proposed, therefore, this analysis is conservative and actual trip generation is expected to be lower.
Attachment 2
City Council Agenda February 20, 2024
19 5.2.4 VMT Analysis
The SLOCOG Travel Demand Model was applied to estimate VMT. Project employees were estimated using typical square footage per employee from industry standard sources, then were added to the model. The Study concluded that the project would reduce regional work VMT by 2,315 due to the provisions of jobs in a housing-rich area; therefore, the project would have a less-than-significant impact to VMT.
5.2.5 Site Access
The Report concluded that the initially designed primary access point for Building 1, just east of Ardmore Road, did not meet City Standard Drawing C-10 and that truck turning movements have the potential to conflict with oncoming traffic. The report recommended relocation of the driveway or converting it to a one-way inbound accessway. The applicant team met with City Staff on January 13, 2023, and confirmed that a shared driveway, between Building 1 and the adjacent property to the west (APN 025-362-045), would satisfy City Standards and circumvent truck turning conflicts. The driveway entrance along Ardmore Extension for Building 1 has been replaced with a shared private driveway from Ardmore Road.
5.3 Greenhouse Gas Emissions & Air Quality
A Greenhouse Gas Emissions and Air Quality Analysis was prepared by LSA Associates (LSA). The Study concluded that the proposed project would not conflict with the 2001 Air Plan and construction and operation of the proposed project would not result in the generation of criteria air pollutants that would exceed the SLO County APCD Threshold of significance. Furthermore, the proposed project is not expected to produce significant emissions that would affect nearby sensitive receptors, would not result in objectionable odors affecting a substantial number of people, and the GHG emissions released during construction and operation of the project are estimated to be lower than the significance thresholds and would not be cumulatively considerable. The proposed project would generally be consistent with the State GHG reduction goals and the City’s CAP.
5.4 Biological Resources
David Wolff Environmental, LLC (David Wolff) prepared a Biological Resources Assessment for the proposed project, resulting in a total survey area of approximately 14 acres. A series of appropriately timed surveys, an inventory of available background data, biological resources field surveys, a floristic inventory and rare plant survey, and a Waters of the U.S. and State Jurisdictional Determination for the project site was completed.
A search of the California Natural Diversity Database (CNDDB) revealed 17 special-status species composed of 7 special-status plants, 10 special-status wildlife species, and no natural communities of special concern with recorded occurrences were identified within an approximately 5-mile radius of the project site. A floristic inventory and rare plant survey was conducted in May and June of 2022 and verified that no special-status plant species or specialstatus wildlife species were observed or are expected to occur on the project site. The project Attachment 2
City Council Agenda February 20, 2024
20 site is located in the developed area of the City and falls outside of the San Joaquin kit fox (SJKF) compensatory mitigation area as delineated in the City’s General Plan Environmental Impact Report. While no SJKF have been observed in the Paso robles area for over 10 years, implementation of standard SJKF take avoidance measures have been recommended to reduce potentially significant direct impacts on the SJKF to a less than significant level.
An existing non-jurisdictional swale runs southeast to northeast across the southern corner of the property. No waters of the U.S. or State, wetlands, or riparian habitat under any regulatory jurisdictions or definitions occur on the project site.
As designed, the proposed project has a low potential to impact biological resources. The project does propose to remove six oak trees, all of which being in very poor or poor condition (Heritage Tree, October 2022). The two remaining oak trees may have additional impacts associated with grading within the critical root zone and trimming for construction purposes. Oak tree removals approved as a part of this project would be mitigated in accordance with the City Zoning Code requiring replacement plantings on an inch for inch bases of 25% of the inches of diameter at breast height of oak trees removed. Avoidance, minimization, and mitigation measures have been recommended to reduce potential impacts to a less than significant level and are as follows:
• Measure 1: Preconstruction Survey and Avoidance Measures of Nesting Birds. • Measure 2: Mitigation of Take of San Joaquin Fox.
5.5 Cultural Resources
Padre Associates, Inc. conducted an intensive survey of the project site on July 1, 2022. The field investigation identified no prehistoric materials or historic cultural resources within the project site. Located within an area characterized as low to moderate archaeological sensitivity, the existing landform has slightly been altered by an agricultural accessory structure and mainly used as pastureland for horses. The project area has excellent ground surface visibility, ranging from 60 to 95 percent, with discarded construction materials and accumulation of oak detritus accounting for areas of reduced visibility. The current survey thus confirms the records search conducted at the Central Coast Information Center that did not identify any cultural resources within the Project area.
As a result, no further archaeological work is required or recommended within the acreage investigated during this study under CEQA. In the unlikely event that buried cultural materials are encountered during construction, all ground disturbances will cease until a qualified archaeologist is contacted to evaluate the nature, integrity, and significance of the deposit.
5.6 Oak Tree Impacts
The project site contains eight oak trees; six are proposed for removal and two are proposed to remain and be protected in place. An Oak Tree Assessment Report prepared by Heritage Tree Arboricultural Consulting (“Heritage”) in October 2022 concluded that the six trees proposed for removal were in very poor or poor condition and had the potential to fail within the next five years and that the two trees proposed to be protected were in poor and good condition. The Attachment 2
City Council Agenda February 20, 2024
21 project does not propose the removal of any healthy oak trees. The Report findings were verified during a site visit on March 9, 2023, by the City Arborist.
Section 10.01.050.D of the Zoning Code requires the following factors be considered by City Council as it relates to oak tree removal:
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 engaging other species of trees or plants with infection or infestation.
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 he made to avoid impacting oak trees, including but not limited to use of custom-building design and incurring extraordinary costs to save oak trees.
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 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 water-courses that provide a habitat for oak trees shall not be disturbed.
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.
5. Good forestry practices such as, but not limited to, the number of healthy trees the subject parcel of land will support.
The Oak Tree Assessment Report describes general health issues, infestation, and the danger associated with retaining the six trees identified as being in Very Poor or Poor health.
Additionally, the site topography would make oak tree retention challenging due to the varying elevations therefore impacting the ability to construct improvements or otherwise allow reasonable use of the property for the purposes for which it was zoned. See below a summary of the Oak Tree Assessment Report prepared by Heritage:
Oak Trees Proposed for Removal
• Oak Tree 1: A 43” diameter valley oak in very poor condition. Drought stress, decay cavities and compression bulges indicating lack of supportive structure in the trunk were identified. An Advanced Level 3 inspection revealed that the tree had the highest risk rating due to the likelihood of root and trunk failure. Mitigation measures, such as canopy and branch trimming and/or structural support or bracing were explored and determined to be inadequate in stabilizing the tree’s trunk or roots. The tree was recommended for removal prior to commencement of construction.
Attachment 2
City Council Agenda February 20, 2024
22 • Oak Tree 2: A 47” diameter valley oak in poor condition. Decay cavities and oak root fungus identified. An Advanced Level 3 inspection confirmed there is significant decay in the trunk and eastern scaffold branch. Mitigation measures, such as structural support or bracing was explored and determined to be inadequate in stabilizing the tree’s trunk. The tree was recommended for removal prior to commencement of construction. • Oak Tree 3: A 47” diameter valley oak in poor condition. Decay cavities and a decaying trunk was identified. The remaining parts of the tree were identified as having a high likelihood of familiar. The tree was recommended for removal prior to commencement of construction.
• Oak Tree 4: A 52” diameter valley oak in Very Poor condition. The tree is growing off-site but has critical root zone and crown encroachments into the project area. Large scaffold branch failures and noticeable decay were identified. The remaining scaffolds were identified as being overextended and was identified as having a high likelihood of failure.
Due to the advancement of decay in the scaffold branches, which compromises their structural integrity, the tree is recommended for removal prior to commencement of construction.
• Oak Tree 9: A 51” diameter valley oak in Very Poor condition. Multiple large scaffold branches have failed, and extensive decay was present at branch failure points. A large decay cavity was identified on the northeast side of the trunk. The tree was recommended for removal prior to commencement of construction.
• Oak Tree 11: A 30” diameter valley oak in Very Poor condition. The tree is in severe decline due to drought stress and root disease. Mitigation measures, such as reducing scaffold to reduce failure risk, would result in 50 percent of the live canopy to be removed, which would further compromise the health of the tree. The tree was recommended for removal prior to commencement of construction.
The Zoning Code requires that any native oak removed that is 6-inches in diameter or greater be replaced with an oak tree being equivalent to twenty-five percent of the diameter of the removed trees. The combined diameter of the oak trees proposed for removal is 270 inches, therefore, the combined diameter of oak trees to be replaced onsite, or elsewhere in the City, is 67.5 inches.
The application proposes to replant twenty-three (21) 2” oak trees onsite (42” DBH) and 25.5” DBH of oak trees at a City approved offsite location. The proposed oak tree mitigation replacement trees were located onsite by Heritage in areas where they would have the highest rate of survival. Refer to Sheet L1.1 for oak tree mitigation replacement tree locations and the Letter of Explanation of the Oak Tree Mitigation Planting Plan attached (Heritage, March 2023).
Oak Trees to be Protected
Oak Tree 10 is a 51” valley oak in Good condition and Oak Tree 13 is a 42” valley oak in Poor condition. The application proposes to utilize the natural beauty of these existing oak trees as focal points within the development. Due to proposed construction encroachments inside of the CRZ or within 5 feet of canopies, both trees are required to be protected in place. Furthermore, City Planning Staff has encouraged the retention of Oak Tree 13, and although in poor condition, protection measures have been identified in order to retain this tree. Tree protection measures Attachment 2
City Council Agenda February 20, 2024
23 consist of the construction of gravity walls to prevent soils erosion, tree pruning, implementation of recommended landscape and irrigation procedures, and the installation of a permanent fence, built at the limits of the tree protection zone, to restrict access (Tree 13 only). See the attached Oak Tree Assessment Report for more details on oak tree protection measures.
5.7 Noise
An Acoustical Analysis was completed by 45 dB in March 2023. The study modeled existing and resulting daytime and nighttime hourly noise levels for the proposed project. Noise levels associated with the proposed project are anticipated to comprise of the following: traffic noise associated with the increased traffic on Ardmore Road; traffic and parking activities associated with daily passenger vehicles in the surrounding parking lots; truck traffic and loading of up to 80 semi-trucks at the loading docks on the west side of Building 1; truck traffic and loading of up to 60 medium delivery trucks at the loading dock and in the service/loading lane along the north side of Building 6; truck traffic and loading of up to 60 medium delivery trucks in the service/loading lane along the south side of Building 3; and an estimated total of 37 rooftop HVAC units on the six project buildings.
The Analysis conservatively estimated the number of semi-trucks and medium-sized delivery trucks that would be used for the project; however, the actual number of truck trips will likely be much lower. The Analysis also conservatively estimated HVAC noise production by excluding parapet screening from the noise model. The Analysis concluded that the project would comply with the Paso Robles Municipal Code Daytime, Evening, and Nighttime Hourly limits. Actual noise generated from the project is expected to be less due to the conservative estimates included in the report. In the event additional delivery truck traffic or extended hours of operation into the evening and nighttime hours is proposed by future tenants, a reassessment of noise at property lines will be completed and any necessary mitigation measures will be deployed (i.e. sound walls at loading docks). See Table 10 below for project compliance with City Noise Standards.
Table 10: Project Compliance with City Noise Standards
Receiving
Land Use
Daytime Hourly Leq,d
(City Standard)
Daytime Hourly Leq,d
(Max Proposed)
Daytime Lmax
(City Standard)
Daytime Lmax
(Max Proposed)
Residential
(North)
55 55 75 71
Residential
(East)
55 52 75 44
Residential
(South)
55 53 75 65
Commercial
(West)
60 60 80 76
Attachment 2
City Council Agenda February 20, 2024
24 6.0 Project Consistency with Commercial Service (C3) District The proposed project is located within the Commercial Service (C3) District, which is defined as, “Areas for highway-related, commercial services, and light industrial uses,” in the City of Paso Robles General Plan Land Use Element. The application includes a request to establish a mix of commercial services and light industrial uses; warehouse, retail, manufacturing, and winemaking uses with supporting office and storage space. The proposed uses are consistent with the C3 District land use category.
Attachment 2
City Council Agenda February 20, 2024
To: Chairperson Christensen, Planning Commissioners
cc: Darren Nash
From: Ian McCarville, Kirk Consulting
Date: October 5, 2023
Subject: Ardmore Industrial – Phased Planned Development/Conditional Use Permit & Vesting Tentative Parcel Map (PD22-20/PR22-054)
Dear Chairperson Christensen and Commissioners,
On July 31, 2023, the Development Review Committee (DRC) reviewed the proposed Ardmore Industrial Planned Development/Conditional Use Permit and Vesting Tentative Parcel Map (PD22-20/PR22-054). Following this meeting, the Applicant Team prepared updated exhibits to address the comments made during the DRC’s review of the project. Below is a summary of the comments received and the Applicant Team's responses:
Truck Circulation Exhibit: The DRC requested an exhibit illustrating truck circulation on Lot 13.
Please refer to Sheet C2.1 of the Plan Set for the Truck Circulation Plan.
Pedestrian Circulation Exhibit: The DRC requested an exhibit that illustrated pedestrian connections throughout the site. Please refer to Sheet A1.1 in the Plan Set for the Proposed Pedestrian Access Plan.
Oak Tree Images: The DRC requested additional photos of the oak trees proposed for removal and retention. These images can be found in the Oak Tree Impact and Protection Plan (Heritage Tree Arboricultural Consulting, October 2022).
Landscaping Plan: The original application included a request to modify the landscape screening standards along the southern property line of Lot 13; however, in response to the DRC's request, the Applicant Team reevaluated this area and determined that the 10-foot landscaping requirement can be met. Consequently, the project no longer requires a modification from the landscape screening standards outlined in Section 21.13.030.F.1.b of the Zoning Code. Refer to Sheet L1.1 for the Conceptual Overall Landscape Plan and Sheet L1.3 for the Landscape Sections for more details.
Parking Calculations: Additional information on Parking Calculations was requested by the DRC, which can be found on pages 10-12 of the Project Description.
View Simulation: The DRC requested a view simulation looking east down Ardmore to visualize how the project will integrate into the existing setting. This perspective rendering can be found on Sheet A4.12.
Attachment 3
City Council Agenda February 20, 2024
Perimeter Wall/Fencing The DRC requested additional information on the decorative wall and asked that the applicant create an easy-to-read exhibit that illustrates where the various fencing types are located. Refer to Sheet L1.1 of the Plan Set for the Fencing Plan and page 14 of the Project Description for the proposed fencing types.
Architectural Details The DRC requested that the Plan Set be revised to include additional architectural details for the cornices, windows, and other similar items. Refer to Sheets A2.0 – A2.3 of the Plan Set for the enhanced architectural details.
In conclusion, we are confident that the comments made during the DRC meeting have been addressed within the revised project documents. The exhibits mentioned in this communication will be highlighted during the Applicant Team’s presentation at the Planning Commission’s public hearing for the project scheduled for October 10, 2023.
Respectfully,
Ian McCarville
[email protected]
Phone: (805) 461-5765
Attachments:
1) Project Description (Kirk Consulting, July 2023)
2) Oak Tree Impact and Protection Plan (Heritage Tree Arboricultural Consulting, October 2022).
3) Revised Plan Set (Arris Studio Architects & Wallace Group, October 2023) Attachment 3
City Council Agenda February 20, 2024
T 805.781.5912 F 805.781.1002 W slocleanair.org 3433 Roberto Court, San Luis Obispo, CA 93401
VIA EMAIL ONLY
October 9, 2023
Darren Nash
City of Paso Robles Community Development Department
1000 Spring Street
Paso Robles, CA 93446
[email protected]
SUBJECT: SLO County APCD Comments Regarding the Mitigated Negative Declaration for the Proposed Covelop Project (Ardmore Industrial Development) Dear Darren Nash:
Thank you for including the San Luis Obispo County Air Pollution Control District (APCD) in the environmental review process. We have completed our review of the proposed project located at 2930 Union Road in Paso Robles.
The project consists of subdividing an existing 7.54-acre lot into two parcels totaling 4.15 acres and 3.39 acres. The proposed project would include phased construction of six buildings totaling 240,327 square feet (sf) of floor area across and the extension of Ardmore Road. One proposed building would be a large warehouse consisting of 116,812 sf and 9,000 sf of office space. The other five buildings (114,515 sf) would consist of a mix of retail, manufacturing, winemaking, and storage uses. The proposed project would result in approximately 14 acres of site disturbance and +/-19,803 cubic yard (CY) cut and +/- 43,612 CY fill. The proposed project would include the construction of 310 vehicle parking spaces, 16 motorcycle parking spaces, and 114,529 sf of landscaping.
The following comments are formatted into 3 sections. The (1) General Comments section states information pertinent to the applicant, lead agency, and/or public. The (2) Air Quality and (3) Greenhouse Gas Emissions sections may state mitigation measures and/or rules and requirements which the APCD recommends be set as conditions of approval for the project.
The applicant or agent should contact the APCD Engineering & Compliance Division about permitting requirements stated in the (1) General Comments section. The lead agency may contact the APCD Planning Division for questions and comments related to proposed conditions of approval in the (2) Air Quality and (3) Greenhouse Gas Emission sections. Both Divisions can be reached at 805-781-5912.
Attachment 4
City Council Agenda February 20, 2024
APCD Comments Regarding MND for the Proposed Paso Robles Covelop Project October 9, 2023