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Attachment 1

Council Agenda Report
From: Caleb Davis, Police Commander
Subject: Second Reading and Adoption of an Ordinance Amending Section 3.28.390 of the Paso Robles Municipal Code: Business License Tax – Sidewalk Vendor 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: April 2, 2024
Facts

1. In 2018, the California Legislature passed Senate Bill (SB) 946 which prohibits cities from regulating sidewalk vendors, except in accordance with the provisions of SB 946.

2. SB 946 imposes requirements regarding punishments for violation of a locality’s sidewalk vending ordinance.

3. SB 946 amended Government Code Section 51038 and 51039. Section 51038 relates to substantive requirements that a locality may impose on sidewalk vending. Section 51039 relates to penalties that a locality may impose for violations of a sidewalk vending ordinance.

4. The Paso Robles Municipal Code Section 3.28.390 is not currently in accordance with the requirements of SB 946. As a result, this action will align the City’s municipal code with state law.

5. On March 5, 2024, the City Council introduced the first reading of the ordinance amending section

3.28.390 of the Paso Robles Municipal Code (PRMC). If passed tonight, the ordinance will take effect on May 2, 2024, 30-days after the second reading.

Options

1. Take no action;

2. Approve second reading by title only and adopt an ordinance amending Chapter 3.28.390, Business License Tax – Sidewalk Vendors;

3. Provide alternative direction to staff.

Analysis and Conclusions
The City must follow the enforcement requirement established by California Government Code section 51039. State law limits how the City can enforce violations of PRMC section 3.28.390. Enforcement is limited to certain graduating administrative fines, and it cannot be punished as an infraction or misdemeanor. PRMC section 3.28.410 provides that the penalty for failing to produce a business license tax certificate is a misdemeanor. PRMC Section 3.28.430 states that, “Any person violating any of the provisions of this chapter or knowingly or intentionally misrepresenting to any officer or employee of this city any material fact in procuring the business license tax certificate herein provided for shall be deemed guilty of a misdemeanor.” Those sections are inconsistent with the penalties that state law authorizes as to sidewalk vendors under Gov. Code Section 51039. It is recommended to modify the language in PRMC section 3.28.390 to include “Violations of the requirements of this section shall be punished in accordance

with Government Code Section 51039, as amended or renumbered. Any provisions of the Paso Robles Municipal Code Sections 3.28.410-3.28.430 that are inconsistent with Government Code Section 51039 shall not apply.”
The PRMC requires that sidewalk vendors pay a business license tax of ten dollars per day or thirty dollars per year. Historically, sidewalk vendors have been charged $10 per day for up to 3 days. If a vendor will be vending for more than 3 days, the vendor is required to pay the yearly license tax of $30 per year. The language in PRMC section 3.28.390 is unclear that the maximum tax is $30 per year. It is recommended to modify PRMC section 3.28.390 to “Every person carrying on the business of a sidewalk vendor as defined herein, shall pay a business license tax of the lesser of ten dollars per day or thirty dollars per year.”
Fiscal Impact
There is no direct fiscal impact by adopting this ordinance.

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

Recommendation (Option 2)
Approve second reading by title only and adopt Ordinance 1136 amending Section 3.28.390 of the City of El Paso de Robles Municipal Code, Business License Tax – Sidewalk Vendors.

Attachments

1. Ordinance 1136 – Amending Section 3.28-390 – Business License Tax

Attachment 1
ORDINANCE 1136

AN ORDINANCE OF THE OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES AMENDING TITLE 3, REVENUE AND FINANCE, SECTION 3.28.390 OF THE MUNICIPAL CODE OF THE CITY OF EL PASO DE ROBLES REGARDING BUSINESS LICENSE TAX—SIDEWALK VENDORS WHEREAS, the City of El Paso de Robles, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens, including sidewalk vending, as long as these are consistent with SB 946; and
WHEREAS, in 2018, the California Legislature passed SB 946 which prohibits cities from regulating sidewalk vendors, except in accordance with the provisions of SB 946; and WHEREAS, SB 946 applies to both charter and general law cities; and WHEREAS, SB 946 imposes particular requirements regarding punishments for violation of a locality’s sidewalk vending ordinance; and
WHEREAS, the City desires to update the requirements of its business license tax applicable to sidewalk vendors in order to impose penalties in compliance with SB 946.

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

Section 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Ordinance.

Section 2. Compliance with the California Environmental Quality Act. Based on the facts and analysis presented to it, including all written and oral testimony and staff presentations, the City Council finds as follows: First, that the proposed ordinance is not “project” within the meaning of State CEQA Guidelines, section 15378, because it has no potential for resulting in direct or indirect physical change in the environment. Second, that the proposed ordinance is exempt under section 15061(b)(3), the general rule exemption, because it can be seen with certainty that there is no possibility that this code amendment will have a significant effect on the environment.

Section 3. Amendment. The City Council hereby amends Title 3, Revenue and Finance, of the Municipal Code to amend Section 3.28.390 to read as follows, with additions in red and underlined:

Attachment 1
“3.28.390 - Business license tax—Sidewalk vendors.

Every person carrying on the business of a sidewalk vendor as defined herein, shall pay a business license tax of the lesser of ten dollars per day or thirty dollars per year. Sidewalk vendors may require additional permits to conduct business in the city as set forth in this Code.

No person(s) shall be required to pay a business license tax for selling their own agricultural, pastoral, or dairy products, raised themselves in the County of San Luis Obispo, State of California, where the gross receipts from such sales amounts to one hundred dollars per month or less.

In conformance with California Government Code Section 51038, to the extent the city requires identification in connection with issuance of a business license tax certificate to a sidewalk vendor, city shall accept a California driver's license or identification number, an individual taxpayer identification number, or a municipal identification number in lieu of a social security number if the city otherwise requires a social security number for the issuance of a business license tax certificate, and that the number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order.

Violations of the requirements of this section shall be punished in accordance with Government Code Section 51039, as amended or renumbered. Any provisions of Paso Robles Municipal Code Sections 3.28.410 – 3.28.430 that are inconsistent with Government Code Section 51039 shall not apply.”
Section 4. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.

Section 5. Effective Date. This Ordinance shall be in full force and effect 30 days after its passage and adoption as provided by Government Code section 36397.

Section 6. Publication. The City Clerk shall certify to the passage of this Ordinance and cause the same to be published within fifteen (15) days after adoption in a newspaper of general circulation, printed and published in El Paso de Robles, California.

INTRODUCED at a regular meeting of the City Council held on March 5, 2024, for first reading by the City Council of the City of El Paso de Robles, and adopted on the 19 day of March, 2024, by the following vote:

AYES:

Attachment 1
NOES:

ABSENT:

ABSTAIN:

John R. Hamon, Jr., Mayor
ATTEST:

Melissa Boyer, City Clerk

Council Agenda Report
From: David Athey, City Engineer
Subject: Approve the Annexation of, and Introduce for First Reading an Ordinance Authorizing the Levy of Special Taxes for, River Oaks II Phases 2 through 5 into Community Facilities District No. 2005-1
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: April 2, 2024
Facts

1. In response to the need for additional funding for public services, the City Council formed the City of Paso Robles Community Facilities District 2005-1 (CFD 2005-1) in 2005, and authorized the levy of special taxes therein, all pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”).

2. In order to impose the special taxes, the City Council called an election of the landowners within the territory of the CFD as required by state law.

3. The landowners approved the formation of the CFD and levy of special taxes with over a two-thirds majority vote.

4. The CFD Future Annexation Area was also adopted, to include the remainder of the City.

5. Vintage River Oaks LLC and River Oaks Reserve, LLC (the “Owners”) are developing the River Oaks II project (“Project”) within the boundaries of the Future Annexation Area.

6. A condition of the Vesting Tentative Map for the Project is for the subdivided property to be annexed into CFD 2005-1.

7. The Owners now desire said property to be annexed into the CFD in order to obtain approval of the final tract map for the property.

8. The process needed for an annexation of territory within the Future CFD 2005-1 Annexation Area is expedited under the Act, and the adoption of the resolution attached hereto as Attachment 1 is required to annex the territory into CFD 2005-1.

9. Annexation of Phases 2 through 5 will ensure that future subdivision maps for these phases satisfy the Condition of Approval to annex into CFD 2005-1.

Options

1. Approve a resolution annexing the identified property into the CFD, and introduce, for first reading by title only, an ordinance of the City Council of the City of El Paso de Robles, authorizing the levy of special taxes on such property.

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

3. Do not approve the resolution or ordinance.

Analysis and Conclusions
Annexation to CFD 2005-1 is necessary to mitigate projected fiscal impacts of new residential development on the City General Fund. The Owners’ property is required to be annexed into CFD 2005-1, consistent with City Council Resolution 06-054. Should the City Council approve the resolution, then a first read of the ordinance authorizing the City Council to levy taxes on the annexed property is necessary.

If the City Council does not approve the resolution, then the conditions for approval of the Owners’ parcel map have not been met. Therefore, future approvals of Final Maps for River Oaks II will not be able to be approved until the properties are annexed into CFD 2005-1. The owner plans to bring the final map later for approval.

Fiscal Impact
The annexation of the property to the CFD will allow for the levy of special taxes on the property to offset future service impacts to the General Fund. The City will be reimbursed for the costs of the CFD annexation process.

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

Recommendation (Option 1)

1. Approve Resolution 24-XXX, approving Annexation No. 62 of territory within the Future Annexation Area to the City’s Community Facilities District No. 2005-1; and

2. Introduce for first reading, by title only, Ordinance N.S. XXXX, authorizing the Levy of Special Taxes for River Oaks II Phases 2 through 5 into Community Facilities District No. 2005-1.

Attachments

1. Resolution 24-XXX and Exhibits - Annexation No. 62 to Paso Robles CFD No. 2005-1

2. Ordinance N.S. XXXX – Annexation No. 62 to Paso Robles CFD No. 2005-1

82472.04025\42024586.1
Attachment 1
RESOLUTION 24-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES, CALIFORNIA, ACTING AS LEGISLATIVE BODY OF PASO ROBLES COMMUNITY FACILITIES DISTRICT NO. 2005-01 (PUBLIC SERVICES), CERTIFYING THE RESULTS OF AN ELECTION AND ADDING

TERRITORY TO THE COMMUNITY FACILITIES DISTRICT
(Annexation No. 62)
WHEREAS, the City Council (the “City Council”) of the City of Paso Robles (the “City”) has previously formed Paso Robles Community Facilities District No. 2005-01 (Public Services) (“CFD No. 2005-01”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), as amended, for the purpose of financing certain public services; and
WHEREAS, acting pursuant to the Act, the City Council also authorized, by the adoption of a resolution (the “Resolution Authorizing Future Annexation”), the annexation in the future of territory to CFD No. 2005-01, such territory designated as a Future Annexation Area (the “Future Annexation Area”); and WHEREAS, at this time the unanimous consent to the annexation of certain territory located within the Future Annexation Area to CFD No. 2005-01 has been received from the owners of certain parcels within such territory, and such territory has been designated as “Annexation No. 62” (the “Annexation Territory”); and
WHEREAS, there are no registered voters who have resided within the Annexation Territory for each of the ninety (90) days preceding the election date established for each parcel located within the Annexation Territory, and therefore, pursuant to the Section 53326 of the Act, the qualified electors of each parcel located within the Annexation Territory shall be the landowners of such parcels, as such term is defined in Government Code Section 53317(f), and each such landowner who is the owner of record as of the applicable election date, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of the parcel of land that she or he owns within such Annexation Territory; and WHEREAS, the time limit specified by the Act for conducting an election to submit the question of the levy of the special taxes on each of the parcels within the Annexation Territory to the qualified electors of each such parcel, the requirements for impartial analysis and ballot arguments, word limit requirements, and other certain conduct of the election have been waived with the unanimous consent of all of the qualified electors of the Annexation Territory; and
WHEREAS, the City Clerk of the City, acting as the election official hereby authorized by this City Council to conduct such election, has caused ballots to be distributed to the qualified electors of the Annexation Territory, has received and canvassed such ballots, and provided a report to the City Council regarding the results of such canvass, a copy of which is attached as Exhibit A hereto and incorporated herein by this reference; and
WHEREAS, the City Council desires to call a special mailed ballot election with respect to Annexation No. 62; and

Attachment 1
WHEREAS, at this time the measure has been voted upon and such measure did receive the favorable vote of each of the qualified electors of the Annexation Territory, and the City Council desires to declare the results of the election; and
WHEREAS, a map showing the Annexation Territory and designated as Annexation Map No. 62 (the “Annexation Map”), a copy of which is attached as Exhibit B hereto and incorporated herein by this reference, has been submitted to this legislative body.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Paso Robles, California, acting as the legislative body of CFD No. 2005-01, as follows:

Section 1. Recitals. The above recitals are true and correct and the City Council so finds and determines.

Section 2. Calling of Election. The City Council hereby calls and schedules a special election for April 2, 2024 within and for Annexation No. 62 to CFD No. 2005-01 as to the proposition with respect to the annual levy of special taxes on the Annexation for the payment of the costs of the public services.

The City Council hereby approves and ratifies the mailing of the official ballots.

Section 3. Proposition. The question or proposition to be submitted to the qualified electors at such special election shall be as follows:

Proposition A: Shall the City of Paso Robles Community Facilities District No. 2005-01 (Public Services), County of San Luis Obispo, State of California, subject to accountability measures set forth in California Government Code Section 50075.1, levy special taxes throughout the property included in Annexation No. 62 to such community facilities district in the amounts as set forth in the following table, Land Use Class Land Use
Max Special Tax Per
Dwelling Unit
1 Detached Residential $883.63 per Dwelling Unit
2 Attached Residential $122.00 per Dwelling Unit
plus annual increases on each July 1, by an amount equal to the greater of the change in the Blended Consumer Price Index during the twelve months prior to December of the previous fiscal year, or two percent in perpetuity, for the purpose of financing public services, including but not limited to police protection services, fire protection and suppression services, ambulance and paramedic services, recreation program services, library services, maintenance services for elementary and secondary school sites and structures, operation and maintenance of museums and cultural facilities; maintenance of parks, parkways (including street lights), and open space, flood and storm protection services, including the operation and maintenance of storm drainage systems and sandstorm protection systems, services with respect to the removal or remedial action cleanup of hazardous substances, all with a useful life of five years or more and the cost of administering the levy and collection of special taxes, as provided in the Amended and Restated Rate and Method of Apportionment for CFD No. 2005-01, which is attached as Exhibit A to Resolution No. 16-138 adopted by the City Council of the City on November 1, 2016?
Section 4. Findings. This legislative body does hereby further determine as follows:

Attachment 1
A. The unanimous consent as described in the recitals hereto for the annexation of each parcel located within the Annexation Territory to CFD No. 2005-01 has been given by the owner or owners of each such parcel and such consent shall be kept on file in the Office of the City Clerk of the City.

B. No registered voters have resided within the Annexation Territory for each of the ninety (90) days preceding the election date established for the each of the parcels located within the Annexation Territory, and therefore, pursuant to the Act the qualified electors for each such parcel located within the Annexation Territory are be the landowners of each such parcel, as such term is defined in Government Code Section 53317(f). The City Clerk and the owners have consented to the holding of said election on April 2, 2024.

C. The qualified electors of each parcel located within the Annexation Territory have voted in favor of the levy of special taxes on each parcel upon its annexation to CFD No. 2005-01.

D. The owners of all of the land to be annexed hereby to CFD No. 2005-01 have by written consent (i) waived the time limit set forth in Section 53326 of the California Government Code for holding the elections called by this resolution, (ii) consented to the holding of said elections on April 2, 2024, (iii) waived notice of the time and date of said elections, (iv) waived an impartial analysis of the ballot propositions pursuant to Section 9500 of the California Elections Code and arguments and rebuttals pursuant to Sections 9501 to 9507, inclusive, and 9295 of that Code, and mailing of a statement pursuant to Section 9401 of that Code, (v) waived the word limit requirement for the ballots pursuant to Sections 13247 and 9051 of the Elections Code, and (v) consented to such election being called and conducted on April 2, 2024.

Section 5. Territory. The boundaries and parcels of territory within the Annexation Territory and on which special taxes will be levied in order to pay for the costs and expenses of authorized public services are shown on the Annexation Map as submitted to and hereby approved by this legislative body.

Section 6. Declaration of Annexation. This legislative body does hereby determine and declare that the Annexation Territory, and each parcel therein, is now added to and becomes a part of CFD No. 2005-01. The City Council, acting as the legislative body of CFD No. 2005-01, is hereby empowered to levy the authorized special tax within the Annexation Territory.

Section 7. Notice. Immediately upon adoption of this Resolution, notice shall be given as follows:

A. A copy of the Annexation Map as approved shall be filed in the Office of the County Recorder of the County of San Luis Obispo (the “County Recorder”) no later than fifteen (15) days after the date of adoption of this Resolution.

B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution.

Section 8. Effective Date. This Resolution shall become effective upon its adoption.

Attachment 1
APPROVED this 2
nd day of April, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John R. Hamon, Jr., Mayor
ATTEST:

Melissa Boyer, City Clerk

82472.04025\42024586.1
Attachment 1
A - 1

EXHIBIT A

CERTIFICATE OF ELECTION OFFICIAL

AND STATEMENT OF VOTES CAST

STATE OF CALIFORNIA )
) ss.

COUNTY OF SAN LUIS OBISPO )
The undersigned, ELECTION OFFICIAL OF THE CITY OF PASO ROBLES, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the

PASO ROBLES
COMMUNITY FACILITIES DISTRICT NO. 2005-01
(PUBLIC SERVICES)

SPECIAL ELECTION
ANNEXATION NO. 62
which was held on the election date established for each parcel located within the territory included in Annexation No. 62.

I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed to Paso Robles Community Facilities District No. 2005-01 (Public Services) for or against the Measure are full, true and correct.

Owner Acreage Votes
River Oaks Reserve, LLC 48.88 49
The Vintage River Oaks LLC 13.87 14
Total: 72.75 73
VOTES CAST ON PROPOSITION A: YES 73
NO 0
WITNESS my hand this 2nd day of April, 2024.

ELECTION OFFICIAL

CITY CLERK

82472.04025\42024586.1
Attachment 1
A - 2

CITY OF PASO ROBLES

OF THE STATE OF CALIFORNIA

82472.04025\42024586.1
Attachment 1
B - 1

EXHIBIT B

ANNEXATION MAP

82472.04025\42024586.1
Attachment 1
C - 1

EXHIBIT C

FULL TEXT OF PROPOSITION

SPECIAL ELECTION AUTHORIZING ANNEXATION OF TERRITORY TO PASO ROBLES COMMUNITY FACILITIES DISTRICT NO. 2005-01 AND THE LEVY OF SPECIAL TAXES

THEREIN
April 2, 2024
Proposition A: Shall the City of Paso Robles Community Facilities District No. 2005-01 (Public Services), County of San Luis Obispo, State of California, subject to accountability measures set forth in California Government Code Section 50075.1, levy special taxes throughout the property included in Annexation No. 62 to such community facilities district in the amounts as set forth in the following table, Land Use Class Land Use
Max Special Tax Per
Dwelling Unit
1 Detached Residential $883.63 per Dwelling Unit
2 Attached Residential $122.00 per Dwelling Unit
plus annual increases on each July 1, by an amount equal to the greater of the change in the Blended Consumer Price Index during the twelve months prior to December of the previous fiscal year, or two percent in perpetuity, for the purpose of financing public services, including but not limited to police protection services, fire protection and suppression services, ambulance and paramedic services, recreation program services, library services, maintenance services for elementary and secondary school sites and structures, operation and maintenance of museums and cultural facilities; maintenance of parks, parkways (including street lights), and open space, flood and storm protection services, including the operation and maintenance of storm drainage systems and sandstorm protection systems, services with respect to the removal or remedial action cleanup of hazardous substances, all with a useful life of five years or more and the cost of administering the levy and collection of special taxes, as provided in the Amended and Restated Rate and Method of Apportionment for CFD No. 2005-01, which is attached as Exhibit A to Resolution No. 16-138 adopted by the City Council of the City on November 1, 2016?

BALLOT SUMMARY
By approval of this proposition by two-thirds of the votes cast hereupon within the territory to be annexed Paso Robles Community Facilities District No. 2005-01 (Public Services) (the “Community Facilities District”), the Community Facilities District shall be authorized as follows:

A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in City of El Paso De Robles Community Facilities District No. 2005-01 (Public Services District) (“CFD No. 2005-1”) and collected each Fiscal Year commencing in Fiscal Year 2005-06, in an amount determined by the Council through the application of the appropriate Special Tax for “Developed Property,” as described below. All of the real property in CFD No. 2005-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

82472.04025\42024586.1
Attachment 1
C - 2
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2005-1: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or any designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs to the City, CFD No. 2005-1 or any designee thereof of complying with City, CFD No. 2005-1 or obligated persons disclosure requirements associated with the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2005-1 or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees and third party expenses.

Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2005-1 for any other administrative purposes of CFD No. 2005-1, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Assessor’s Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel number.
“Attached Residential” means an Assessor’s Parcel within the CFD for which a Building Permit has been issued for purposes of constructing a residential structure or structures sharing common walls consisting of two or more Dwelling Units, including, but not limited to duplexes, triplexes, and apartment units, as of March 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Blended Consumer Price Index” means the sum of the Los Angeles Urban Consumer Price Index and the San Francisco Urban Consumer Price Index, divided by two. “CFD Administrator” means an official of the City, or any designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“CFD No. 2005-1” means City of El Paso De Robles Community Facilities District No. 2005-01 (Public Services District).
“City” means the City of El Paso De Robles.
“Council” means the City Council of the City, acting as the legislative body of CFD No. 2005-1. “County” means the. County of San Luis Obispo.
“Detached Residential” means an Assessors’ Parcel within the CFD for which a Building Permit has been issued for purposes of constructing a residential structure consisting of one single-family

82472.04025\42024586.1
Attachment 1
C - 3
detached Dwelling Unit, including Mobile Homes, as of March 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Developed Property” means, for each Fiscal Year, all Assessor’s Parcels of Residential Property for which a building permit has been issued on or after April 1, 2005. “Dwelling Unit” means a building or portion thereof designed for and occupied in whole or part as a residence or sleeping place, either permanently or temporarily, by one family and its guests, with sanitary facilities and one kitchen provided within the unit. Boarding or lodging houses, dormitories, and hotels shall not be defined as Dwelling Units unless the land use permit specifies a residential use.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Land Use Class” means any of the classes listed in Table 1 and Table 2. “Los Angeles Urban Consumer Price Index” means, for each Fiscal Year, the Consumer Price Index published by the U.S. Bureau of Labor Statistics for All Urban Consumers in the Los Angeles Anaheim - Riverside Area, measured as of the month of December in the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for the City of Los Angeles. “Maximum Special Tax” means, for each Fiscal Year, the maximum Special Tax, determined in accordance with Section C, below, that can be levied on any Assessor’s Parcel. “Non-Residential Property” means, for each Fiscal Year, all Assessor’s Parcels of Developed Property for which a building permit was issued on or after April 1, 2005 for a non-residential use. “Property Owner Association Property” means, for each Fiscal Year, any Assessor’s Parcel within the boundaries of CFD No. 2005-1 that is owned by or irrevocably offered for dedication to a property owner association, including any master or sub-association. “Proportionately” means that the ratio of the actual annual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels of Developed Property. “Public Property” means, for each Fiscal Year, (i) any property within the boundaries of CFD No. 2005-1 that is owned by or irrevocably offered for dedication to the federal government, the State, the City or any other public agency; provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act, as such section may be amended or replaced, shall be taxed and classified in accordance with its use; or (ii) any property within the boundaries of CFD No. 2005-1 that is encumbered by an unmanned utility casement making impractical its utilization for other than the purpose set forth in the easement. “Residential Property” means, for each Fiscal Year, all Assessor’s Parcels of Developed Property for which a building permit was issued on or after March 1, 2005 for purposes of constructing one or more residential Dwelling Units.
“San Francisco Urban Consumer Price Index” means, for each Fiscal Year, the Consumer Price Index published by the U.S. Bureau of Labor Statistics for All Urban Consumers in the San Francisco — Oakland - San Jose Area, measured as of the month of December in the calendar year

82472.04025\42024586.1
Attachment 1
C - 4
that ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for the San Francisco — Oakland - San Jose Area. “Services” means those services authorized to be financed by CFD No. 2005-1 pursuant to Section 53313 and Section 53313.5 of the Act. CFD No. 2005-1 shall finance Services only to the extent that they are in addition to those provided in the territory of CFD No. 2005-1 before the CFD was created and such Services may not supplant services already available within CFD No. 2005-1 when the CFD was created.
“Special Tax” means the special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Developed Property to fund the Special Tax Requirement. “Special Tax Requirement” means that amount to be collected in any Fiscal Year for CFD No. 20051 to pay for certain costs as required to meet the needs of the CFD in that Fiscal Year. The costs to be covered shall be the direct costs for (i) Services, and (ii) Administrative Expenses; less (iii) a credit for funds available to reduce the annual Special Tax levy, if any, as determined by the CFD Administrator. Under no circumstances shall the Special Tax Requirement include debt service payments for debt financings by CFD No. 2005-1. “State” means the State of California.
“Undeveloped Property” means, for each Fiscal Year, all property not. classified as Developed Property, Non-Residential Property, Property Owner Association Property, or Public Property.

B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Assessor’s Parcels, as applicable within CFD No. 2005-1, shall be classified as Developed Property, Non-Residential Property, Undeveloped Property, Property Owner Association Property, or Public Property. However, only Developed Property shall be subject to annual Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below. All Developed Property shall be assigned to Land Use Class 1.

C. MAXIMUM SPECIAL TAX RATE

1. Developed Property
a. Maximum Special Tax 2005-06 to 2016-17
The Maximum Special Tax for Fiscal Year 2005-06 for Developed Property is shown below in Table 1. Such Special Taxes shall only be levied for new structures on Residential Property.

However, under no circumstances shall a Special Tax be levied on additions to existing Dwelling Units.

82472.04025\42024586.1
Attachment 1
C - 5
TABLE 1
Maximum Special Taxes for Developed Property
Established for Fiscal Year 2005-06
Community Facilities District No. 2005-1
Land Use Class Land Use Maximum Special Tax Per Dwelling Unit
1 Residential Property $657.00 per Dwelling Unit
Multiple Land Use Classes
In some instances, an Assessor’s Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax that can be levied on an Assessor’s Parcel shall be the sum of the Maximum Special Taxes that can be levied for all Land Use Classes located on that Assessor’s Parcel.

Increase in the Maximum Special
On each July 1, commencing on July 1, 2006, the Maximum Special Tax for Developed Property shall be increased annually by the greater of the change in the Blended Consumer Price Index during the twelve months prior to December of the previous Fiscal Year, or two percent (2%).

The table below represents the Maximum Special Tax for each fiscal year from 2005-06 to 2016-17.
b. Maximum Special Tax 2017-18 and subsequent fiscal years The Maximum Special Tax for Fiscal Year 2017-18 and subsequent fiscal years for Developed Property is shown below in Table 2. Such Special Taxes shall only be levied for new structures on Detached Residential and Attached Residential property. However, under no circumstances shall a Special Tax be levied on additions to existing Dwelling Units.

Fiscal Year
Maximum Special
Tax Per Dwelling
Unit
Escalation
Applied
Greater of:

2.00% Blended
CPI
2005-06 $657.00
2006-07 $678.06 3.21% 2.00% 3.21%
2007-08 $700.87 3.36% 2.00% 3.36%
2008-09 $728.94 4.00% 2.00% 4.00%
2009-10 $743.51 2.00% 2.00% 0.07%
2010-11 $760.04 2.22% 2.00% 2.22%
2011-12 $775.24 2.00% 2.00% 1.43%
2012-13 $795.02 2.55% 2.00% 2.55%
2013-14 $811.54 2.08% 2.00% 2.08%
2014-15 $827.77 2.00% 2.000
/0 1.86%
2015-16 $844.32 2.00% 2.00% 1.70%
2016-17 $866.31 2.60% 2.00% 2.60%

82472.04025\42024586.1
Attachment 1
C - 6
TABLE 2
Maximum Special Taxes for Developed Property
Established For Fiscal Year 2017-18
Community Facilities District No. 2005-1
Land Use Class Land Use Maximum Special Tax Per Dwelling Unit(1)
1 Detached Residential $883.63 per. Dwelling Unit
2 Attached Residential $122.00 per Dwelling Unit
Multiple Land Use Classes
In some instances, an Assessor’s Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax that can be levied on an Assessor’s Parcel shall be the sum of the Maximum Special Taxes that can be levied for all Land Use Classes located on that Assessor’s Parcel.

Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2017, the Maximum Special Tax for Developed Property shall be increased annually by the greater of the change in the Blended Consumer Price Index during the twelve months prior to December of the previous Fiscal Year, or two percent (2%).

2. Undeveloped Property
No Special Taxes shall be levied on Undeveloped Property.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2005-06 and for each following Fiscal Year, the Council shall levy the annual Special Tax Proportionately for each Assessor’s Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax, until the amount of Special Taxes equals the Special Tax Requirement.

E. EXEMPTIONS
In addition to Undeveloped Property being exempt from annual Special Taxes, no Special Tax shall be levied on Non-Residential Property, Public Property or Property Owner Association Property.

However, should an Assessor’s Parcel no longer he classified as Non-Residential Property, Public Property or Property Owner Association Property, such Assessor’s Parcel shall, upon each reclassification, no longer be exempt from Special Taxes.

F. APPEALS AND INTERPRETATIONS

1 Subject to annual increases, as authorized herein

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Attachment 1
C - 7
Any landowner or resident may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes.

During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CID Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the City Clerk, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for the appellant’s disagreement with the CID Administrator’s determination. The CFD Administrator may charge the appellant a reasonable fee for processing the appeal. Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.

G. MANNER OF COLLECTION
The annual Special Tax shall be collected in the. same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2005-1 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations.

H. TERM OF SPECIAL TAX
The Special Tax shall be levied in perpetuity as necessary to meet the Special Tax Requirement.

The Public Services to be Financed by CFD No. 2005-1 are:

A community facilities district may finance any one or more of the following types of services: police protection services; fire protection and suppression services; ambulance and paramedic services; recreation program services, library services, maintenance services for elementary and secondary school sites and structures, operation and maintenance of museums and cultural facilities; maintenance of parks, parkways (including street lights), and open space; flood and storm protection services, including the operation and maintenance of storm drainage systems and sandstorm protection systems; services with respect to the removal or remedial action cleanup of hazardous substances. The authorized services may be financed only to the extent that such services are in addition to those services provided in the community facilities district prior to creation of the community facilities district. All of these public services are authorized by CFD No. 2005-1.

CFD No. 2005-1 shall only finance the above listed services only to the extent that they are in addition to existing public services provided within the boundaries of CFD No. 2005-1 before creation of the district and such authorized services may not supplant services already available within CFD No. 2005-1 at creation of said CFD. The Special Taxes required to finance the related annual costs of those public services will be apportioned as described in the Rate and Method of Apportionment of the Special Tax for CFD No. 2005-

1.

Attachment 2
ORDINANCE XXXX N.S.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES, CALIFORNIA,

ACTING AS THE LEGISLATIVE BODY OF THE CITY OF PASO ROBLES COMMUNITY FACILITIES DISTRICT NO. 2005-01 (PUBLIC SERVICES), COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AUTHORIZING

THE LEVY OF SPECIAL TAXES IN SUCH COMMUNITY FACILITIES DISTRICT, INCLUDING

ANNEXATION TERRITORY
WHEREAS, in response to the need for additional funding for public services, the City Council formed the City of Paso Robles Community Facilities District 2005-1 (CFD 2005-1) and authorized the levy of special taxes therein, all pursuant to the Mello-Roos Community Facilities Act of 1982; and WHEREAS, in connection therewith, the City Council called an election of the landowners within the territory of the CFD regarding the levy of special taxes in the territory; and WHEREAS, the landowners approved the formation of the CFD and levy of special taxes with over a twothirds majority vote of the voters voting; and WHEREAS, the CFD Future Annexation Area was adopted and included the remainder of the City; and WHEREAS, Vintage River Oaks LLC and River Oaks Reserve, LLC (the “Owners”) are developing the River Oaks II project (“Project”) within the boundaries of the Future Annexation Area; and WHEREAS, a condition of the Vesting Tentative Map for the Project is for the subdivided property to be annexed into CFD 2005-1; and
WHEREAS, the Owners now desire said property to be annexed into the CFD (the “Annexation Territory”) in order to obtain approval of the final tract map for the property; and WHEREAS, the process needed for an annexation of territory within the Future Annexation Area to the CFD is expedited under the Act, and the adoption of this resolution is required to annex the territory into CFD 2005-1; and
WHEREAS, annexation of Phases 2 through 5 will ensure that future subdivision maps for these phases satisfy the Condition of Approval to annex into CFD 2005-1.

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

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

Section 2. The City Council does, by the passage of this ordinance, authorize the levy of special taxes within CFD 2005-1, including the Annexation Territory, pursuant to Article 3.5 of the Act and that certain Amended and Restated Rate and Method of Apportionment as set forth in Appendix “A”

Attachment 2
attached hereto and incorporated herein by this reference (the “Rate and Method”). Special taxes have previously been levied within the original boundaries of the CFD 2005-1 and all previously annexed territory thereto.

Section 3. The City Council, acting as the legislative body of CFD 2005-1, or the City Manager, is hereby further authorized to annually determine the special tax to be levied within CFD 2005-1 and the Annexation Territory for the then-current tax year or future tax years; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the Rate and Method.

Section 4. The special taxes herein authorized to be levied, to the extent possible, shall be collected in the same manner as ordinary ad valorem property taxes and shall be subject to the same penalties and the same procedure, sale, and lien priority in any case of delinquency as applicable for ad valorem property taxes; provided, however, CFD 2005-1 may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. The City Manager, or his or her designee, is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of San Luis Obispo in order to effect proper billing and collection of the special tax, so that the special tax shall be included on the secured property tax roll of the County of San Luis Obispo for each applicable fiscal year.

Section 5. The special taxes authorized to be levied shall be secured by the lien imposed pursuant to Section 3114.5 and 3115.5 of the California Streets and Highways Code, which lien shall be a continuing lien and shall secure each levy of the special taxes. The lien of the special tax shall continue in force and effect until the special tax obligation is canceled in accordance with law or until the special tax ceases to be levied by the City Council. If for any reason any portion of this Ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within CFD 2005-1, including the Annexation Territory, by a court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within CFD 2005-1, including the Annexation Territory, shall not be affected.

Section 6. 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.

Section 7. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance, or the application thereof to any person or circumstances, is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.

Attachment 2
Section 8. Effective Date. This Ordinance shall be in full force and effect 30 days after its passage and adoption as provided by Government Code Section 36397.

Section 9. Publication. The City Clerk shall certify to the passage of this Ordinance by the City Council of the City of El Paso de Robles, California, and cause a summary of the Ordinance to be published once within 15 days after passage in a newspaper of general circulation published and circulated in the City in accordance with Government Code Section 36933.

INTRODUCED at a regular meeting of the City Council held on April 2, 2024, for first reading by the City Council of the City of El Paso de Robles, and adopted on the 2day of April, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_____________________________________
John R. Hamon, Jr., Mayor
ATTEST:
__________________________________________
Melissa Boyer, City Clerk

82472.04025\42024580.2
Attachment 2
A-1

APPENDIX A
Amended and Restated
Rate and Method of Apportionment of Special Tax
City of El Paso De Robles
Community Facilities District No. 2005-01
(Public Services District)
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in City of El Paso De Robles Community Facilities District No. 2005-01 (Public Services District) (“CFD No. 2005-1”) and collected each Fiscal Year commencing in Fiscal Year 2005-06, in an amount determined by the Council through the application of the appropriate Special Tax for “Developed Property,” as described below. All of the real property in CFD No. 2005-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2005-1: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or any designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs to the City, CFD No. 2005-1 or any designee thereof of complying with City, CFD No. 2005-1 or obligated persons disclosure requirements associated with the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2005-1 or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees and third party expenses.

Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2005-1 for any other administrative purposes of CFD No. 2005-1, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Assessor’s Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel number.
“Attached Residential” means an Assessor’s Parcel within the CFD for which a Building Permit has been issued for purposes of constructing a residential structure or structures sharing common walls consisting of two or more Dwelling Units, including, but not limited to duplexes, triplexes, and apartment units, as of March 1st preceding the Fiscal Year in which the Special Tax is being levied.

82472.04025\42024580.2
Attachment 2
A-2
“Blended Consumer Price Index” means the sum of the Los Angeles Urban Consumer Price Index and the San Francisco Urban Consumer Price Index, divided by two. “CFD Administrator” means an official of the City, or any designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“CFD No. 2005-1” means City of El Paso De Robles Community Facilities District No. 2005-01 (Public Services District).
“City” means the City of El Paso De Robles.
“Council” means the City Council of the City, acting as the legislative body of CFD No. 2005-1. “County” means the County of San Luis Obispo.
“Detached Residential” means an Assessors’ Parcel within the CFD for which a Building Permit has been issued for purposes of constructing a residential structure consisting of one single-family detached Dwelling Unit, including Mobile Homes, as of March 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Developed Property” means, for each Fiscal Year, all Assessor’s Parcels of Residential Property for which a building permit has been issued on or after April 1, 2005. “Dwelling Unit” means a building or portion thereof designed for and occupied in whole or part as a residence or sleeping place, either permanently or temporarily, by one family and its guests, with sanitary facilities and one kitchen provided within the unit. Boarding or lodging houses, dormitories, and hotels shall not be defined as Dwelling Units unless the land use permit specifies a residential use.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Land Use Class” means any of the classes listed in Table 1 and Table 2. “Los Angeles Urban Consumer Price Index” means, for each Fiscal Year, the Consumer Price Index published by the U.S. Bureau of Labor Statistics for All Urban Consumers in the Los Angeles - Anaheim - Riverside Area, measured as of the month of December in the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for the City of Los Angeles. “Maximum Special Tax” means, for each Fiscal Year, the maximum Special Tax, determined in accordance with Section C, below, that can be levied on any Assessor’s Parcel. “Non-Residential Property” means, for each Fiscal Year, all Assessor’s Parcels of Developed Property for which a building permit was issued on or after April 1, 2005 for a non-residential use.

82472.04025\42024580.2
Attachment 2
A-3
“Property Owner Association Property” means, for each Fiscal Year, any Assessor’s Parcel within the boundaries of CFD No. 2005-1 that is owned by or irrevocably offered for dedication to a property owner association, including any master or sub-association. “Proportionately” means that the ratio of the actual annual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels of Developed Property. “Public Property” means, for each Fiscal Year, (i) any property within the boundaries of CFD No. 2005-1 that is owned by or irrevocably offered for dedication to the federal government, the State, the City or any other public agency; provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act, as such section may be amended or replaced, shall be taxed and classified in accordance with its use; or (ii) any property within the boundaries of CFD No. 2005-1 that is encumbered by an unmanned utility casement making impractical its utilization for other than the purpose set forth in the easement. “Residential Property” means, for each Fiscal Year, all Assessor’s Parcels of Developed Property for which a building permit was issued on or after March 1, 2005 for purposes of constructing one or more residential Dwelling Units.
“San Francisco Urban Consumer Price Index” means, for each Fiscal Year, the Consumer Price Index published by the U.S. Bureau of Labor Statistics for All Urban Consumers in the San Francisco — Oakland - San Jose Area, measured as of the month of December in the calendar year that ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for the San Francisco — Oakland - San Jose Area. “Services” means those services authorized to be financed by CFD No. 2005-1 pursuant to Section 53313 and Section 53313.5 of the Act. CFD No. 2005-1 shall finance Services only to the extent that they are in addition to those provided in the territory of CFD No. 2005-1 before the CFD was created and such Services may not supplant services already available within CFD No. 2005-1 when the CFD was created.
“Special Tax” means the special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Developed Property to fund the Special Tax Requirement. “Special Tax Requirement” means that amount to be collected in any Fiscal Year for CFD No. 20051 to pay for certain costs as required to meet the needs of the CFD in that Fiscal Year. The costs to be covered shall be the direct costs for (i) Services, and (ii) Administrative Expenses; less (iii) a credit for funds available to reduce the annual Special Tax levy, if any, as determined by the CFD Administrator. Under no circumstances shall the Special Tax Requirement include debt service payments for debt financings by CFD No. 2005-1.
“State” means the State of California.
“Undeveloped Property” means, for each Fiscal Year, all property not. classified as Developed Property, Non-Residential Property, Property Owner Association Property, or Public Property.

B. ASSIGNMENT TO LAND USE CATEGORIES

82472.04025\42024580.2
Attachment 2
A-4
Each Fiscal Year, all Assessor’s Parcels, as applicable within CFD No. 2005-1, shall be classified as Developed Property, Non-Residential Property, Undeveloped Property, Property Owner Association Property, or Public Property. However, only Developed Property shall be subject to annual Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below. All Developed Property shall be assigned to Land Use Class

1. C. MAXIMUM SPECIAL TAX RATE

1. Developed Property
a. Maximum Special Tax 2005-06 to 2016-17
The Maximum Special Tax for Fiscal Year 2005-06 for Developed Property is shown below in Table

1. Such Special Taxes shall only be levied for new structures on Residential Property. However, under no circumstances shall a Special Tax be levied on additions to existing Dwelling Units.

TABLE 1
Maximum Special Taxes for Developed Property
Established for Fiscal Year 2005-06
Community Facilities District No. 2005-1
Land Use Class Land Use Maximum Special Tax Per Dwelling Unit
1 Residential Property $657.00 per Dwelling Unit
Multiple Land Use Classes
In some instances, an Assessor’s Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax that can be levied on an Assessor’s Parcel shall be the sum of the Maximum Special Taxes that can be levied for all Land Use Classes located on that Assessor’s Parcel.

Increase in the Maximum Special
On each July 1, commencing on July 1, 2006, the Maximum Special Tax for Developed Property shall be increased annually by the greater of the change in the Blended Consumer Price Index during the twelve months prior to December of the previous Fiscal Year, or two percent (2%).

82472.04025\42024580.2
Attachment 2
A-5
The table below represents the Maximum Special Tax for each fiscal year from 2005-06 to 2016-

17. b. Maximum Special Tax 2017-18 and subsequent fiscal years The Maximum Special Tax for Fiscal Year 2017-18 and subsequent fiscal years for Developed Property is shown below in Table 2. Such Special Taxes shall only be levied for new structures on Detached Residential and Attached Residential property. However, under no circumstances shall a Special Tax be levied on additions to existing Dwelling Units.

TABLE 2
Maximum Special Taxes for Developed Property
Established For Fiscal Year 2017-18
Community Facilities District No. 2005-1
Land Use Class Land Use Maximum Special Tax Per Dwelling Unit1 1 Detached Residential $883.63 per. Dwelling Unit
2 Attached Residential $122.00 per Dwelling Unit
Multiple Land Use Classes
In some instances, an Assessor’s Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax that can be levied on an Assessor’s Parcel shall be the sum

1 Subject to annual increases, as authorized herein
Fiscal Year
Maximum Special
Tax Per Dwelling
Unit
Escalation
Applied
Greater of:

2.00% Blended
CPI
2005-06 $657.00
2006-07 $678.06 3.21% 2.00% 3.21%
2007-08 $700.87 3.36% 2.00% 3.36%
2008-09 $728.94 4.00% 2.00% 4.00%
2009-10 $743.51 2.00% 2.00% 0.07%
2010-11 $760.04 2.22% 2.00% 2.22%
2011-12 $775.24 2.00% 2.00% 1.43%
2012-13 $795.02 2.55% 2.00% 2.55%
2013-14 $811.54 2.08% 2.00% 2.08%
2014-15 $827.77 2.00% 2.000
/0 1.86%
2015-16 $844.32 2.00% 2.00% 1.70%
2016-17 $866.31 2.60% 2.00% 2.60%

82472.04025\42024580.2
Attachment 2
A-6
of the Maximum Special Taxes that can be levied for all Land Use Classes located on that Assessor’s Parcel.

Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2017, the Maximum Special Tax for Developed Property shall be increased annually by the greater of the change in the Blended Consumer Price Index during the twelve months prior to December of the previous Fiscal Year, or two percent (2%).

2. Undeveloped Property
No Special Taxes shall be levied on Undeveloped Property.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2005-06 and for each following Fiscal Year, the Council shall levy the annual Special Tax Proportionately for each Assessor’s Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax, until the amount of Special Taxes equals the Special Tax Requirement.

E. EXEMPTIONS
In addition to Undeveloped Property being exempt from annual Special Taxes, no Special Tax shall be levied on Non-Residential Property, Public Property or Property Owner Association Property.

However, should an Assessor’s Parcel no longer he classified as Non-Residential Property, Public Property or Property Owner Association Property, such Assessor’s Parcel shall, upon each reclassification, no longer be exempt from Special Taxes.

F. APPEALS AND INTERPRETATIONS
Any landowner or resident may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes.

During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CID Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the City Clerk, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for the appellant’s disagreement with the CID Administrator’s determination. The CFD Administrator may charge the appellant a reasonable fee for processing the appeal. Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.

82472.04025\42024580.2
Attachment 2
A-7
G. MANNER OF COLLECTION
The annual Special Tax shall be collected in the. same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2005-1 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations.

H. TERM OF SPECIAL TAX
The Special Tax shall be levied in perpetuity as necessary to meet the Special Tax Requirement.

Council Agenda Report
From: Katie Banister, Associate Planner
Subject: Approval of Oak Tree Removal Permit 23-12 at 426 Creston Road CEQA Determination: The City finds this action is categorically exempt from CEQA as a class 3 exemption for new construction of small structures including second dwelling units pursuant to State CEQA Guidelines Section 15303.

Date: April 2, 2024
Facts

1. The City has received building permit application B22-0890 and grading permit application E22-0053 from Daniel Maggard for a new detached accessory dwelling unit at 426 Creston Road, which is located on a flag lot (See Vicinity Map, Attachment 1).

2. The property has a General Plan land Use designation of Residential Multi-Family (RMF-8) and is in the R2 zoning district.

3. In conjunction with the accessory dwelling unit, the City has received an application for oak tree removal permit OTR23-12 (P23-0007) to remove one 12-inch diameter live oak tree to accommodate a new driveway.

4. Certified arborist, Steven Alvarez of A&T Arborists, first evaluated the oak trees on the property and provided an arborist report. Additional information has been provided by certified arborist, Morgan Scovell of 4th Generation Tree (see Exhibit A of Draft Resolution for further detail).

5. The 12-inch live oak tree is in poor condition due to a codominant stem, included bark, a wire girdling the main trunk, and a severe lean due to competition from nearby vegetation. The tree is located in the logical path of travel to the accessory dwelling unit building site.

6. Paso Robles Municipal Code (PRMC) Section 10.01.050 allows for oak tree removal permits based on a finding that removal of the tree is necessary “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.”.

7. The City’s Oak Tree Preservation Ordinance (PRMC 10.01.030) requires replacement of 25% of the diameter of the oak being removed. In this case, mitigation is replanting oak trees with diameters totaling 3 inches. There is adequate space on the lot for replanting replacement oak trees.

8. Consistent with PRMC 10.01.080, an oak tree removal permit associated with a building permit is valid and effective only in connection with the actual accomplishment of the project.

Options

1. Approve the removal of one 12-inch live oak tree and require replanting of mitigation oak trees OTR23-12 (P23-0007);

2. Deny the oak tree removal permit based on a finding that the applicant has not made every reasonable effort to avoid impacting the oak trees;

3. Provide alternative direction to staff.

Analysis and Conclusions
PRMC 10.01.050.E requires the City Council to consider the following five factors when reviewing the removal of a healthy oak tree. These factors along with staff’s analysis of each factor are listed below:

1. The condition of the oak tree with respect to its general health, status as a public nuisance, danger of falling, proximity to existing or proposed structures, interference with utility services, and its status as host for a plant, pest or disease endangering other species of trees or plants with infection or infestation.

Analysis: The 12-inch live oak tree is in poor health with codominant stems, included bark, a wire girdling the main trunk, and a severe lean due to competition from nearby vegetation. The tree is not a nuisance or a danger to the public as it is located on a private flag lot more than 400 feet from the public right-of-way.
12-Inch Live Oak Tree Proposed for Removal

2. The necessity of the requested action to allow construction of improvements or otherwise allow reasonable use of the property for the purpose for which it has been zoned. In this context, it shall be the burden of the person seeking the permit to demonstrate to the satisfaction of the director

that there are no reasonable alternatives to the proposed design and use of the property. Every reasonable effort shall be made to avoid impacting oak trees, including but not limited to use of custom-building design and incurring extraordinary costs to save oak trees.

Analysis: The applicant has applied for permits to construct an accessory dwelling unit, which is required to be served by a driveway that meets the standards of the fire department for width, slope, and surface. The lot is relatively flat where the accessory dwelling unit and driveway are proposed, but slopes steeply down to a drainage and oak woodland located south of the building envelope and property. Locating the driveway away from the subject oak would result in more grading and larger impacts to the adjoining oak woodland. As such, should City Council deny the oak tree removal permit based on a finding that the applicant has not made every reasonable effort to avoid impacting the oak trees, it would require the applicant to redesign the driveway serving the proposed accessory dwelling unit.

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.

Analysis: The oak tree is located on a flatter part of the lot. Oak trees located on a steep slope at the southern property line contribute to the slope‘s stability. These trees will not be significantly impacted by the project.

Grading Plan

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.

Existing
Residence
X
Oak tree to
be removed
Proposed
ADU

Analysis: Trees located within an oak woodland on a slope at the southern property line make a larger contribution to the scenic beauty and general welfare of the City than the oak proposed for removal. The trees in the oak woodland will not be significantly impacted by the project.

5. Good forestry practices such as, but not limited to, the number of healthy trees the subject parcel of land will support.

Analysis: There are many healthy oak trees located along the southern property line of the property. These trees will not be significantly impacted by the project. There is adequate room on the lot to allow replanting of replacement oak trees as required by the draft resolution.

Fiscal Impact
There is no significant fiscal impact to the city related to this oak tree removal request; however, oak trees contribute value to a property and are an aesthetic value to the city as a whole.

CEQA
The City finds this action is categorically exempt from CEQA as a class 3 exemption for new construction of small structures including second dwelling units pursuant to State Guidelines Section State CEQA Guidelines Section 15303.

Recommendation (Option 1)
Approve Resolution 24-XXX, approving Oak Tree Removal Permit OTR23-12 to allow the removal of one 12-inch live oak tree at 426 Creston Road and require replanting oak trees with diameters totaling 3 inches.

Attachments

1. Vicinity Map

2. Resolution 24-XXX - OTR 23-12 - 426 Creston Road
a. Exhibit A. Arborist Report from arborist, Steven Alvarez with addendum by arborist, Morgan Scovell

Attachment 1
Vicinity Map
426 Creston Road

Attachment 2
RESOLUTION 24-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASO ROBLES APPROVING OAK TREE REMOVAL PERMIT 23-12 AUTHORIZING THE REMOVAL OF ONE 12-INCH LIVE OAK TREE AT
426 CRESTON ROAD APN: 009-541-007
WHEREAS, the City has received building permit application B22-0890 and grading permit application E22-0053 from Daniel Maggard for a new detached accessory dwelling unit at 426 Creston Road, which is located on a flag lot; and
WHEREAS, the property has a General Plan land Use designation of Residential Multi-Family (RMF-8) and is in the R2 zoning district; and
WHEREAS, in conjunction with the accessory dwelling unit, the City has received an application for oak tree removal permit OTR23-12 (P23-0007) to remove one 12-inch diameter live oak tree to accommodate a new driveway; and
WHEREAS, certified arborist, Steven Alvarez of A&T Arborists, evaluated the oak trees on the property and provided an arborist report. Additional information has been provided by certified arborist, Morgan Scovell of 4
th Generation Tree; and
WHEREAS, The 12-inch live oak tree is in poor condition due to a codominant stem, included bark, a wire girdling the main trunk, and a severe lean due to competition from nearby vegetation. The tree is located in the logical path of travel to the accessory dwelling unit building site; and WHEREAS, staff recommends approval of the oak tree removal permit based on a finding that removal of the tree is necessary “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” (PRMC 10.01.050); and WHEREAS, the City’s Oak Tree Preservation Ordinance (PRMC 10.01.030) requires replacement of 25% of the diameter of the oak tree being removed. In this case, mitigation is replanting oak trees with diameters totaling 3 inches. There is adequate space on the lot for replanting replacement oak tree; and
WHEREAS, consistent with Paso Robles Municipal Code 10.01.080, an oak tree removal permit associated with a building permit is valid and effective only in connection with the actual accomplishment of the project; and
WHEREAS, the project is exempt from environmental review as a Class 3 exemption for new construction of small structures including second dwelling units pursuant to State CEQA Guidelines Section 15303; and

Attachment 2
WHEREAS, at their regular meeting on April 2, 2024, the City Council considered the facts as presented in the staff report prepared for this project and accepted public testimony regarding this oak tree removal request.

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

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

Section 2. Pursuant to Paso Robles Municipal Code section 10.01.050.E., and based on the entire record including all written and oral evidence presented, the City Council finds that the removal of the 12-inch diameter live oak tree is necessary to allow construction of improvements or otherwise allow reasonable use of the property for the purpose for which it has been zoned.

Section 3: The City Council of the City of El Paso de Robles does hereby:

1. Authorize the removal of one (1) live oak tree with a twelve (12) inch diameter as shown in Exhibit A after the issuance of grading permit E22-0053; and

2. Require the onsite planting of and provision of irrigation for native oak trees with diameters totaling at least 3 inches at the direction of a certified arborist before final occupancy of the accessory dwelling unit.

APPROVED this 2
nd day of April 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John R. Hamon, Jr., Mayor
ATTEST:

Melissa Boyer, City Clerk
Exhibit A - Arborist Report from arborist, Steven Alvarez with addendum by arborist, Morgan Scovell

4TH GENERATION TREE
January 27, 2024
Dan Maggar
426 Creston Road
Paso Robles, CA 93446
Re: Addendum to Tree Protection Plan for development located at 426 Creston Road, Paso Robles, CA.

We recommend and agree with the removal of the native Live Oak (Quercus agrifolia) as noted on the Tree Protection Plan dated December 21, 2022.

We would like to make note of the tree's poor condition due to its codominant stem and both trunks encroaching one another, included bark, a wire girdling the main trunk, and severe lean of the trunk/canopy from overgrown and nearby vegetation. The impacts of the grading/compaction and significant canopy reduction for road clearance and fire protection would hinder the tree's health beyond reason. Additionally, the continued maintenance and canopy reduction for road clearance and fire protection would inhibit its recovery and long-term health.

Please let us know if we can be of any future assistance to you for this project. ist #WE-12338A
4 th Generation Tree
(805) 462-2020
Exhibit A

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Exhibit A

A & T ARBORISTS
P.O. BOX 1311 TEMPLETON, CA 93465 (805) 434-0131
December 21. 2022
DanMaggar
426 Creston Road
Paso Robles. CA 93446
Re; Tree Protection Plan for development located at 426 Creston Road, Paso Robles CA. 93446
This Tree Protection Plan is for the location stated above. The development will be impacting 2 native oak trees one live oak removal (Quercus agrifolia) and one blue oak (Quercus douglassi) saved. No other oak trees will be impacted and one oak tree are being requested for removal. Please keep the tree protection fencing in place during instulation.
lt is the responsibility of the owner/agency to provide a copy of this tree protection plan to any and all contractors and subcontractors that work within the drip line of the native trees. lt is highly recommended that each contractor sign and acknowledge this tree protection plan.

The trees impacted by this project are numbered and identified on both the grading plan and the tree protection spreadsheet.

Tree Rating System
A rating system of l -10 was used for visually establishing the overall condition of each tree on the spreadsheet. The rating system is defined as follows:

Rating
0 2
3 4
Condition
Deceased
Evidence of massive past failures, extreme disease and is in severe decline. Pruning from overhead utility lines.

May be saved with attention to class 4 pruning, insect/pest eradication and future monitoring.

Some past failures, some pests or structural defects that may be mitigated by class IV pruning.

May have had minor past failures, excessive deadwood or minor structural defects that can be mitigated with pruning.

Exhibit A

5 Relatively healthy tree with little visual structural and or pest defects.
6 Healthy tree that probably can be left in its natural state. 7-9 Have had proper arboricultural pruning and attention or have no apparent structural defects.

IO Specimen tree with perfect shape, structure and foliage in a protected setting (i.e. park, arboretum).

The following mitigation measures/methods must be fully understood and followed by anyone working within the drip line of any native tree. Any necessary clarification will be provided by us (the arborists) upon request.

1. Fencing: The proposed fencing shall be shown in orange ink on the grading plan. It must be a minimum of 4' high chain link, snow or safety fence staked at the edge of the drip line or line of encroachment for each tree or group of trees. The fence shall be up before any construction or earth moving begins. The owner shall be responsible for maintaining an erect fence throughout the construction period. The arborist(s), upon notification, will inspect the fence placement once it is erected. After this time, fencing shall not be moved without arborist inspection/approval. If the orange plastic fencing is used, a minimum of four zip ties shall be used on each stake to secure the fence. All efforts shall be made to maximize the distance from each saved tree.

2. Soil Aeration Methods: Soils within the drip line that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 2-4" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist(s) shall advise.

3. Chip Mulch: All areas within the drip line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction.

4. Trenching Within Drip Line: All trenching within the drip line of native trees shall be band dug, augured or bored (for utilities). All major roots shall be avoided whenever possible. All exposed roots larger than l" in diameter shall be clean cut with sharp pruning tools and not left ragged. A Mandatory meeting between the arborists and grading contractor(s) must take place prior to work start.

5. Grading Within The Drip Line: Grading should not encroach within the drip line unless authorized. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound.

6. Exposed Roots: Any exposed roots shall be re-covered the same day they were exposed. If they cannot, they must be covered with burlap or another suitable material and wetted down 2x per day until re-buried.

7. Paving Within The Drip Line: Pervious surfacing is preferred within the drip line of any native tree. If pavers are required, the areas are outlined on the grading Exhibit A

plans. Pavers must be interlocking with a minimum of 10% void space backfilled with pea gravel. Fabric shall be permeable. The% slope of the driveway may prohibit the engineering of pavers for this project.

8. Equipment Operation: Vehicles and all heavy equipment shall not be dJiven under the trees, as this will contribute to soil compaction. Also there is to be no parking of equipment or personal vehicles in these areas. All areas behind fencing are off limits unless pre-approved by the arborist.

9. Existing Surfaces: The existing ground surface within the drip line of all oak trees shall not be cut, filled, compacted or pared, unless shown on the grading plans and approved by the arborist.

10. Construction Materials And Waste: No liquid or solid construction waste shall be dumped on the ground within the dJip line of any native tree. The dJip line areas are not for storage of materials either.

11. Arborist Monitoring: An arborist shall be present for selected activities (trees identified on spreadsheet and items bulleted below). The monitoring does not necessarily have to be continuous but observational at times during these activities. It is the responsibility of the owner(s) or their designee to inform us prior to these events so we can make arrangements to be present. It is the responsibility of the owner to contract (prior to construction) a locally licensed and insured arborist that will document all monitoring activities.
• Pre-construction fence placement
• any utility or dJainage trenching within any dJip line • All grading and trenching near trees requiring monitoring on the spreadsheet • All driveway construction activities
• Tree removal operations

12. Pre-Construction Meeting: An on-site pre-construction meeting with the Arborist(s), Owner(s), Planning Staff, and the earth moving team shall be required for this project. Prior to final occupancy, a letter from the arborist(s) may be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist(s) were on site for all grading and/or trenching activit)1 that encroached into the drip line of the selected native trees, and that all work done in these areas was completed to the standards set forth above.

13. Pruning: Class I pruning includes deadwood removal along with selective thinning to lesson wind resistance. Class 4 pruning includes-Crown reduction pruning shall consist of reduction of tops, sides or individual limbs. A trained arborist shall perform all pruning. No pruning shall take more than 25% of the live crown of any native tree. Any trees that may need pruning for road/home clearance shall be pruned prior to any grading activities to avoid any branch tearing.

Exhibit A

14. Landscape: All landscape under the drip-line shall be drought tolerant or native varieties. Lawns shall be avoided. All irrigation trenching shall be routed around drip lines; otherwise above ground drip-irrigation shall be used. It is the owner's responsibility to notify the landscape contractor regarding this mitigation.

15. Utility Placement: All utilities shall be placed down the road/driveway and when possible outside of the drip lines. The arborist shall supervise trenching within the drip line. All trenches in these areas shall be exposed by air spade or hand dug with utilities routed under/over the roots.

The included spreadsheet includes trees listed by number, species and multiple stems if applicable, diameter and breast height ( 4.5'), condition (scale from poor to excellent), status (avoided impacted. removed, exempt), percent of drip line impacted, mitigation required (fencing, root pruning, monitoring), construction impact (trenching, grading), recommended pruning and individual tree notes.

If all the above mitigation measures are followed, we feel there will be no additional long-term significant impacts to the remaining native trees.

Please let us know if we can be of any future assistance to you for this project.

Steven G. Alvarez
Certified Arborist #WC 0511
Exhibit A

1 2 3 4

TREE TREE TRUNK TREE
#
1 2

SPECIES DBH CONDITION
LO 12" 1
BO 30 8
1 = TREE It. MOSTLY Q.OCKWISE FROM DUE NORTH
2 = TREE TYPE: COMMON NAME IE.W.O.= WHTE OAK
3 = TRlJIII< DIAMETER @ 4'6"
4 = TREE CONDITION 1 = POOR, 10 = EXCELLENT
5 = CONSTRUCTION STATUS, REMOVE. SAVED
6 = CRZ: PERCENT OF IMPACTED CRITICAL ROOT ZONE
5 CONST
STATUS
R
I

TREE PROTECTION SPREAD SHEET
426 CRESTON ROAD
PASO ROBLES, CA 93446
6 7 8 9

CRZ CONST MITIGATION MONT
%IMPACT IMPACT PROPOSAL REQUIRED
10% G R N
2% G F y
10 PRUNING
CLASS
N
N
7 = CONSTRUCTION IMPACT TYPE: GRADING. COMPACTION, TRENCH NG 8 = MITIGATION REQUIREMENTS: FENONG. MONITORING, RCOTPRUNING, 9 = AR8ORIST MONITORING REQUIRED YES/NO
10 = PERSCRI BED PRLNI NG· CLASS J.4
11 • FIELD NOTES
11 11

NS FIELD

EW NOTES

I NEW DRIVEWAY ENT

I MAYBE DRIVEWAY IMPACT
Exhibit A

CITY OF EL PASO DE ROBLES
"The Pass of the Oaks"

COMMUNITY DEVELOPMENT DEPARTMENT

OAK TREE REMOVAL PERMIT
PERMIT NUMBER: ------- DATE ISSUED: _______ _
NAME OF APPLICANT: _____________ PHONE NO: _____ _
STREET ADDRESS: ______________________ _
LOCATION AND DESCRIPTION OF OAK TREE(S): _____________ _ Pursuant to Section 10.01 (Oak Tree Preservation) of Title 10 of the Paso Robles Municipal Code, the property-owner is hereby requesting one of the following:

A.

B.

C.

D.
__ Removal of ___ Oak Tree(s) where no Development Application is pending Removal of ___ Oak Tree(s) clearly dead or diseased beyond correction �emoval of / Oak Tree(s) as part of a Development Application __ Emergency Removal of ___ Oak Tree (s)
As recommended and identified in the Arborist Report prepared for this Request for Removal by i .._ 5.__· ..... � ..... v::;;...;._:...-t_, ....,&, .___ /H_Lla,.....1_c...,,z__ ____ (ISA Certified Arborist) dated __ / __ :.t __• _-_2_..c._.,_...... L -....... 2-. .......... ____ _ we__�e;:,'S"""'II /tBy:. _____________________ _ Community Development Director or authorized representative Council Action: -------- Date:------- Resolution No.:------ Exhibit A

Exhibit A

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Exhibit A

Council Agenda Report
From: Ryan Cornell, Administrative Services Director
Subject: Introduction and First Reading of an Ordinance Amending Paso Robles Municipal Code Title 2, Chapter 2.40, Bonds and Salaries of Officers, Section 2.40.030(B), Salary - Amounts 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: March 19, 2024
Facts

1. The City Council dedicates a significant amount of time to serving the community in matters of City policy and general governance. In recognition of this, the Mayor and City Councilmembers currently receive monthly compensation of $1,400 and $1,050, respectively.

2. The City Council also receives health and welfare benefits such as medical, dental, and vision insurances, generally consistent with the other labor groups in the City as well as a vehicle/mileage allowance.

3. The City Council last increase in compensation occurred in November 2022; previously it had been since 2006 since City Council had received a compensation increase.

4. Government Code Section 36516(c) provides that the City Council salaries may increase by up to five percent each calendar year from the operative date of the last adjustment of the salary in effect.

5. However, an ordinance changing City Council compensation does not apply to a Councilmember during their term in office. Therefore, if the Council approves and adopts an ordinance changing to City Council compensation, the change in salary could take effect for all Councilmembers in November 2024, following the next municipal election.

6. On March 19, 2024, the City Council held a discussion on this item and on a 4 to 1 vote, authorized staff to bring the draft ordinance for first reading.

Options

1. Take no action;

2. Introduce for first reading by title only, an ordinance of the City Council of the City of El Paso de Robles amending Section 2.40.030(B), of Title 2, Chapter 2.240, Bonds and Salaries of Officers, by increasing the salary of the Mayor and City Councilmembers to $1,540 and $1,155, respectively;

3. Provide alternative direction to staff.

Analysis and Conclusions
In 2022, City Council adopted Ordinance 1117, increasing the City Council compensation to be more competitive and encourage—or at least not discourage—community members to be part of public service.

Before 2022, the City Council had not received a compensation increase since 2006. The City continues to be responsive and recommends Council authorize maximum compensation increases that would go into effect in November 2024.

Council can pass an ordinance or resolution increasing Councilmember compensation, provided that compensation is not increased by more than 5 percent per year (opining that the 5 percent increase allowed per year is calculated as 5 percent times the number of years since last salary adjustment and applied to the current salary but is not compounded). The City Council had an increase in salary in 2022 when the salary was set at $1,050 for the Council; $1,400 for the Mayor. If the Council were to approve the maximum amount, the new salaries can be increased by up to 10% and would result in $1,155 per month for Councilmembers, an increase of $105 per month, and $1,540 per month for the Mayor, an increase of $140 per month. Both would go into effective at the next election on November 5, 2024.

It has been two years since the last increase in salary for the Mayor and Council. The time commitments required by the Council have continued to increase over the past few years. In addition, as a result of increased inflation, the cost of living has increased during this period. As a result of these continually increasing obligations and increased cost of living it is appropriate to increase the salary of the Mayor and Council.

Fiscal Impact
The total cost to increase City Council compensation would be $5,180 per year. These costs can be absorbed within General Fund activity without additional budget appropriations needed.

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

Recommendation (Option x)
Introduce for first reading by title only, an ordinance of the City Council of the City of El Paso de Robles amending Title 2, Chapter 2.240, Bonds and Salaries of Officers, Section 2.40.030(B) of the Paso Robles Municipal Code, increasing the Mayor and City Councilmember salary to $1,540 and $1,155, respectively.

Attachments

1. Ordinance XXXX – City Council Compensation

Attachment 1
ORDINANCE NO. XXXX N.S.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES AMENDING TITLE 2, CHAPTER 2.40, BONDS AND SALARIES OF OFFICERS, SECTION 2.40.030 D OF THE CITY’S MUNICIPAL CODE INCREASING THE MAYOR AND CITY COUNCILMEMBER SALARY TO $1,540 AND $1,155, RESPECTIVELY WHEREAS, Government Code Section 36516 provides that a City Council may enact an ordinance setting the salary for each member of the City Council, the amount of which shall be based upon population; and
WHEREAS, on January 18, 2022, the City Council adopted Ordinance No. 1117, setting City Councilmember compensation to $1,050 per month and the Mayor’s compensation to $1,400 per month; and
WHEREAS, Government Code Section 36516(c) provides that City Council salaries may increase by up to five (5) percent for each calendar year from the operative date of the last adjustment of the salary in effect; and
WHEREAS, the time, commitment, and expense of serving on the City Council has increased significantly in recent years; and
WHEREAS, increase the Councilmember compensation from $1,050 to $1,155 per month, and increasing the Mayor’s compensation from $1,400 to $1,540 per month amounts to increase of five (5) percent or less uncompounded per year since 2022; and WHEREAS, the Attorney General has concluded that the “effective date of an adjustment in salaries of city councilmembers is delayed pursuant to California Government Code Section 36516.5 until one councilmember commences a new term of office” (54 Ops. Cal. Atty. Gen 112, 6-30-71); and WHEREAS, the next general municipal election is to be held on November 5, 2024;

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

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

Section 2. The Council hereby finds that increasing time commitments by the Council and Mayor and increasing cost of living demonstrate the need for the increase in compensation.

Section 2. Section 2.40.030.B, “Salary – Amounts” of the Paso Robles Municipal Code, is amended to read as follows:
“City Councilmembers shall receive one thousand one hundred fifty-five dollars per month and the Mayor shall receive one thousand five hundred forty dollars per month or as otherwise established pursuant to the processes provided in the California Government Code.”

Attachment 1
Section 3. Effective Date. The compensation rates shall go into effect for all City Councilmembers, pursuant to Government Code Section 36516.5, when one or more members of the City Council become eligible for a salary increase by virtue of that member beginning a new term of office following the November 5, 2024 general municipal election.

Section 4. Publication. This ordinance shall be published once fifteen (15) days after its passage in a newspaper of general circulation, printed, published, and circulated in the City in accordance with Government Code Section 36933.

Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.

INTRODUCED at a regular meeting of the City Council held on the 2 nd
day of April, 2024, for first
reading by the City Council of the City of El Paso de Robles, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John R. Hamon, Jr., Mayor
ATTEST:

Melissa Boyer, City Clerk

Council Agenda Report
From: Angelica Fortin, Community Services Director
Subject: Fiscal Year 2023-24 Second Quarter Report: El Camino Homeless Organization (ECHO) Memorandum of Understanding and Direction to Staff to Disburse Payment Pursuant to the Memorandum of Understanding
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: April 2, 2024
Facts

1. On February 16, 2022, the City received a request from ECHO, 1134 Black Oak Drive, for a one-time grant of $444,000 “to cover the staffing costs that are not paid for by other funders for Fiscal Year (FY) 2022-23.”

2. On March 15, 2022, City Council considered ECHO’s funding request and directed the formation of an ad hoc committee to review the request and to make recommendations to modify ECHO’s existing MOU with the City.

3. Throughout the month of April 2022, then Councilmember, and now Mayor, John Hamon and Councilmember Steve Gregory, participated in three public ad hoc committee meetings to review ECHO’s funding request.

4. On May 17, 2022, the ECHO Ad Hoc Committee reported its findings to City Council; Council directed staff to incorporate the findings into a revised Memorandum of Understanding (MOU) that would fund ECHO a total of $444,000 over the City’s two-year budget cycle for FY 2022-2023 and FY 2023- 2024.

5. On August 16, 2022, City Council approved the revised MOU with ECHO which required ECHO to form a Community Stakeholder Committee (CSC) to provide quarterly accounting and statistical reports to the City prior to the funds being issued. Payments will be made on a quarterly basis, not to exceed $222,000 per fiscal year or $444,000 in total in FY 2022-23 and FY 2023-24.

6. The City Council has received five quarterly reports for FY 22-23 and 23-24 and has approved the disbursement of five quarterly payments to date.

7. In February 2024, ECHO completed its FY 23-24 second quarter under the revised MOU.

Options

1. Take no action; or

2. Receive and file ECHO’s FY 23-24 second quarter report and direct staff to disburse payment consistent with the Memorandum of Understanding in the amount of $55,500; or

3. Provide alternative direction to staff.

Analysis and Conclusions
In accordance with the August 16, 2022, MOU between ECHO and the City, ECHO completed its FY 23-24 second quarter and has provided the City with the updates, data and financial reports required in the agreement. This has been provided in the form of presentation slides, data regarding additional programs and attendance, stakeholder meeting minutes, a phone log, and a profit and loss statement.

Using this information, the statuses of the requirements outlined in item 3 of the MOU are summarized in the following table:

Obligation as Outlined in MOU FY 23-24 Second Quarter Status Provide not less than 50 temporary shelter beds
for the homeless population, as well as case
management services and life-skill classes.
45 90-Day Shelter Bed Program; 5 Night by Night;
1 Crisis Emergency Resource Room
65 90-Day Program Beds; 5 Night by Night Shelter
Beds. 1 Emergency Resource Room.

Life skills classes incorporated into case
management.

Attachment 1, Page 3-5, 10-11
Establish a pilot program, to run for the duration
of this MOU, to mitigate the departure impacts
and potential negative activities of guests from
the ECHO Paso Robles facility so as not to
overwhelm neighboring businesses.

Good Neighbor Program with weekly
neighborhood trash pickups. Incorporated
messaging into case management, dinner service
and nightly guest visits.

Attachment 1, Page 10, 17
Offer programs at the Paso Robles facility at least
4-hours per day Monday through Friday, during
daytime hours, to engage clients in productive
activities that support the facility and encourage
positive client behavior and neighbor
interactions.

Weekly, bi-weekly, and monthly activities
offered. Weekly neighborhood trash pickups.

Daytime programs available 8-5 pm.

Attachment 1, Page 10-12, 15-17
Provide detailed quarterly financial and expense
reports to the City for the Paso Robles facility.

Received.

Attachment 2
Provide quarterly operations reports, including
but not limited to the number of clients receiving
meals, nightly shelter, laundry and shower
services, direct aid expenses, all professional
services such as mental health referrals, case
management services, permanent housing
placement, and number of unsheltered
homeless.

Laundry service Monday and Tuesday: 9 am to 5
pm
Attachment 1, Page 9,
Attachment 2
Form a Community Stakeholder Committee (CSC)
to include local business owners, Paso Robles
Police Department staff, Paso Robles Emergency
Services staff, ECHO staff, and City Council
liaisons. Meet twice a year.

City Council Liaisons: Mayor John Hamon and
Councilman Steve Gregory.

Attachment 1, Page 18-21
Make available to stakeholders a 24-hour
telephone line for reporting of urgent issues that
may arise between quarterly meetings. Calls to
said line shall be responded to within sixty (60)
minutes. All calls are to be logged as to issue and
Phone Line Established: Call log reflected no calls
received.

Attachment 1, Page 22

Obligation as Outlined in MOU FY 23-24 Second Quarter Status resolution and logs shall be included in quarterly
reports.

Communicate with clients daily about proper
community behavior; specifically addressing
potential negative behaviors impacting
neighboring businesses.

Incorporated into case management, dinner
service and nightly guest visits.

Document continued efforts to increase the
frequency of visits and number of onsite mental
health counselors. Progress in this area shall be
included in quarterly reports to the City.

In progress. Actively working with partner
agencies to offer additional opportunities.

Attachment 1, Page 15-16
Maintain its agreement with HASLO for
ownership and operation of temporary housing.

Agreement in place and in good standing.

Subject to all applicable laws and consistent with
the requirements for funding sources used for
development and operations of the Project,
ECHO shall give a preference in the occupancy of
the temporary units in the Project to eligible
households who live or work in the City of Paso
Robles, to the extent allowed by law.

Approximately 85% of occupants live or work in
Paso Robles.

ECHO shall seek all relevant grants and funding
opportunities in support of ECHO Paso Robles,
documenting these efforts and all funding
streams in quarterly reports to the City.

Grant information included in financial report.

Attachment 2
ECHO’s financial report provides expenditures and revenue streams for the ECHO Paso Robles location.

Program expenses include direct aid which consists of costs for items that are provided directly to clients such as clothing in preparation for interviews, shoes or sleeping bags. Expenses for client gas and bus tickets were detailed in a separate line item. Revenue streams include funds received through fundraising events, community donations, and grants. During this quarter, ECHO reported a budget surplus totaling $96,286.62. This is due to the reimbursable nature of their funding streams which causes their budget to appear as having a surplus or deficit throughout the year.

During this quarter, section 3 (a) of the Mou between ECHO and the City was amended to define the types of shelter beds to be provided as a condition of funding. This includes maintaining 45 90-day shelter beds, 5 night by night shelter beds, and the addition of a dedicated crisis emergency resource room for exclusive use by the Paso Robles Polics and Emergency Services (Fire) Departments. The room was activated in February and was activated 3 times during the quarter.

Fiscal Impact
City Council approved funding for this disbursement on August 16, 2022 contingent upon ECHO meeting the requirements of the revised MOU. There are no additional impacts associated with directing staff to disburse the FY 23-24 second quarter payment.

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

Recommendation (Option 2)
It is recommended that the City Council receive and file ECHO’s FY 23-24 second quarter report and direct staff to disburse payment in the amount of $55,500.

Attachments

1. ECHO FY 23-24 Second Quarter Report Presentation

2. ECHO FY 23-24 Second Quarter Financial Report

E L CAM INO HO M E LE S S O RGA NIZATION
P as o Robl es Cam pus , Quarterl y Repor t
Quarter 2 , Dec em ber 2023 - February
2024
Presented By:

Austin Solheim, Director of
Operations and Development
Empowering people in San Luis Obispo County to make
positive change by providing food, shelter, and supportive services.

Attachment 1

City of Paso Robles Funding
100% of the funding that
ECHO receives from the City
of Paso Robles goes directly
towards supporting staffing
of our Paso Robles Campus.

The funding is instrumental
in providing the services
that help those facing
homelessness transform
their lives and get back into
housing.
25%
75%
City of Paso Robles
Funds Allocated for
Staffing
The Funding Provided by the City of Paso Robles
Covers 20% of the staffing costs associated directly
with the ECHO Paso Robles Campus
Attachment 1

Paso Robles HomeKey Project
The Paso HomeKey Project is 122 total units or rooms and has to service providers, ECHO and the Housing Authority of San Luis Obispo (HASLO) HASLO Operates 81 of the units , and ECHO Operates 41 units:
• 33 Rooms are designated for ECHO's 90-Day Emergency Shelter Program • 3 Rooms are dedicated to ECHO's Night by Night Emergency Shelter Program, Community Shower Programs, and when activated the Emergency Resource Room utilized by Paso Robles PD.
• 1 Room Houses ECHO's Residential Advocate(s). Currently this is a couple with lived experience who graduated from our program and now help run our programs and offers support to clients, staff and volunteers. • 1 Room has been transitioned into a Community Food Pantry • 1 Room has been designated as a program, training, and Emergency Resource Room
• 2 Rooms have been designated for on site storage
ECHO Atascadero and Paso Robles combined
provide 130 Emergency Shelter Beds to North
County San Luis Obispo
Attachment 1

20 Additional Emergency Shelter Beds
at ECHO Paso Robles
On October 31st 2023 ECHO’s executive team presented a financial ask to the SLO County Board of Supervisors to support the opening of 20 additional 90 Day Emergency Shelter Beds at the Paso Robles Campus.

The Board of Supervisors voted 5-0 in support of these additional services.

Staff was hired and trained and the 20 additional beds began opening in December of 2023.

This brings the total number of Emergency Shelter Beds at the Paso Robles location to 70 total emergency shelter beds. 65 dedicated to the 90 Day Emergency Shelter Program and 5 dedicated to the Night by Night Emergency Shelter Program.

Attachment 1

Addition of the Emergency Resource
Room
In addition to the 20 beds that were added in December of 2023, In January of 2024 ECHO also expanded services and updated our MOU with the city of Paso Robles to include an Emergency Resource room to be utilized by Paso Robles Emergency Services including Fire and Police.

This service will help aid in providing immediate shelter to an individual or family in need of this service that is engaged with our communities emergency response teams.

ECHO is grateful for the opportunity to partner with our Emergency Services and benefit our community to the best of our ability.

Attachment 1

Quarterly Shelter Program Data
0 50
100
150
200
250
300
350
400
450
500
Total Night By Night Sheltered Individuals That Did Not Receive Room Unduplicated Individuals Served December 23 January 24 February 24 Quarterly Totals
Total Shelter Stays 1,701 1,861 2,030 5,592
Total Night by Night 154 143 134 431
Individuals That Did Not
Receive a Room 80 64 77 221
Unduplicated Individuals
Served 108 126 101 191
Resource Room
Activation NA 1 2 3
Attachment 1

December 23 January 24 February 24 Quarterly Totals
# People Housed 15 13 10 38
# People Found
Employment 6 5 3 15
Quarterly Documented Success
These Numbers reflect success from only the
ECHO Paso Robles Campus
In 2023 through both ECHO campuses 201 Individuals and Families with children were housed. Over 90% of those individuals remain housed in our community
Attachment 1

ECHO Outreach Data
ECHO was asked by the city
of Paso Robles to collect
data on how many of the
individuals being served at
our Paso Campus have
stayed in an encampment in
the Salinas River Bed.

In the month of January
2024 we collected the
following: 68% of clients
utilizing our services have
stayed in an encampment in
the Salinas River Bed.
68%
32%
Percentage of Clients Served
That Have Stayed in an Encampment
Yes Encampment
No Encampment
Attachment 1

December 23 January February Quarterly Totals
Dinners Served 2,475 2,752 2,686 7,913
Showers Provided 222 241 208 671
Food Bags Given 450 450 450 1,350
Referrals to Mental
Health 4 4 3 11
Referrals to Drug/Alcohol 1 1 1 3
Referrals to Other
Resources 2 8 23 33
Laundry Service On-site 140 140 140 420
Additional ECHO Program and Referral Data
Attachment 1

Additional
Programs and
Services
Attachment 1

Additional Services
Programs and Services Provided
Program Highlights:

Mock interviews and resume review with volunteers from the community. At the request of our clients, ECHO has been holding one on one mock interviews, resume reviews and
financial literacy sessions to help our residents meet their goals.

Our programs include a mix of education, workforce
development, resource and well being.

W e e kly/ Bi W e e kly Mo n t h ly/ As Ne e d e d
• Cal FRESH
assistanceDepartment of
Social Services
• Covid 19, Influenza
vaccine clinics
• Clean Slate
Program
• Free Cell Phone Service
• Onsite mental health
evaluations- TMHA
• Haircuts
• Substance Abuse
Education- SLO Bangers
• Doctor
Evaluation &
Referrals
• Arts and Crafts
• Story and
Game times
Attachment 1

ECHO’s Good Neighbor program has been in full effect, with Residents of the 90-Day Program, working with staff weekly to clean up trash in the Black Oak Corridor including adoption of the street and surrounding area.

December 2023: 9 Bags of Trash Collected
January 2024: 13 Bags of Trash Collected
February 2024: 17 Bags of Trash Collected
Quarterly Total: 39
We have also moved our neighborhood collaboration meetings to a biannual schedule with the next meeting
We received no calls on our 24 hour line, however our team went out and engaged with the local business owners and individuals experiencing homelessness to assist in outreach efforts and address concerns.

Neighborhood Collaborations
Attachment 1

Success Stories
Aretha
Meet Aretha, a true beacon of warmth and joy
in our community. Her recent journey to a new
life has been nothing short of inspiring.

Since 2018, Aretha found herself unhoused
after the heartbreaking loss of her husband.

Despite facing immense challenges, she
navigated the uncertainties with the help of
friends and family, moving from place to place
in search of stability.

Amidst the turbulence, Aretha turned to ECHO
and enrolled in the 90-Day Emergency Shelter
program, setting a powerful goal for herself: "To
be positive about getting a place and starting a
new life!" To her surprise, that day came sooner
than expected.

With determination and honesty, Aretha
diligently followed the steps outlined by her
Case Management team. Through teamwork
and hard work, she triumphed over six years of
adversity!
Attachment 1

Success Stories
John
Before facing homelessness, John served as
a caretaker for his mom. Struggling to
afford his apartment, John found himself
living in his vehicle for several months. A
friend recommended ECHO, and with a
glimmer of hope, John decided to explore
the possibilities at our Paso Campus.

Soon after, he entered our 90-Day
Emergency Shelter program. Throughout
this journey, he made a solemn
commitment to move forward, not
backward. With determination and the
support of his case manager, John worked
tirelessly to secure a place to call his own.

Today, we are thrilled to announce that John
is joyfully settled into his new home. He
highlights the transformative impact of the
ECHO community, and the stable
environment that played a pivotal role in his
success.

Attachment 1

Janurary 2024
December 2023
12/1 Reiki Healing Program Reiki healing through energy work 4 12/4 Dr.Kenney Medical evaluations, referrals, and first aid 3 12/5 SLO Bangers Needle exchange, education and HIV testing N/A 12/5 California Lifeline and ACP Free phone, cellular, and internet services N/A 12/6 ERS & DSS Support Employment resource Specialist & Department of Social Services N/A 12/11 Dr.Kenney Medical evaluations, referrals, and first aid 3 12/11 Flower Arrangement Class A program that teached how to do flower arrangements 10 12/15 Santa Storytime Santa Clause came to read stories & do a storytime from Paso Robles Library 14 12/17 Ornament Decorationg Craft time - decorating ornaments 14 12/18 Dr.Kenney Medical evaluations, referrals, and first aid 3 12/19 California Lifeline and ACP Free phone, cellular, and internet services N/A 12/19 SLO Bangers Needle exchange, education and HIV testing N/A 12/19 Testing, results, and treatment for STDs, STIs, ect. N/A 12/20 Haircuts by Melanie Free Haircuts 6
12/21 California Lifeline and ACP Free phone, cellular, and internet services N/A 12/22 Gingerbread Houses Craft time with children & adults - learning how to make creative gingerbread houses 9 12/25 Dr.Kenney Medical evaluations, referrals, and first aid 3 12/25 Christmas Program Christmas movie and popcorn for residents 5 12/26 California Lifeline and ACP Free phone, cellular, and internet services N/A 12/26 SLO Bangers Needle exchange, education and HIV testing N/A 1/1 Dr.Kenney Medical evaluations, referrals, and first aid 3 1/2 California Lifeline and ACP Free phone, cellular, and internet services N/A 1/2 SLO Bangers Needle exchange, education and HIV testing N/A 1/3 ERS & DSS Support Employment resource Specialist & Department of Social Services N/A 1/3 THMA Mental Health services and Education 2
1/5 Reiki Healing Reiki healing through energy work 4
1/8 Dr.Kenney Medical evaluations, referrals, and first aid 3 1/9 Testing, results, and treatment for STDs, STIs, ect. N/A 1/9 California Lifeline and ACP Free phone, cellular, and internet services N/A 1/9 SLO Bangers Needle exchange, education and HIV testing N/A 1/9 Haircuts by Jericho Free haircuts for anyone who needs it N/A 1/10 Eckerd's Connects Job resume building, interviews, internships, Job applications, certificates, one on one coaching, ect. 5 1/15 Dr. Kenney Medical evaluations, referrals, and first aid 3 1/16 California Lifeline and ACP Free phone, cellular, and internet services N/A 1/16 SLO Bangers Needle exchange, education and HIV testing N/A 1/17 THMA Mental Health services and Education 2
The Center for Health & Prevent
The Center for Health & Prevent
Additional Programs and Attendance
Attachment 1

1/18 Haircuts by Melanie Free haircuts for anyone who needs it 6 1/19 Camp Ocean Pines Bring their animal ambassadors to interact with clients 7 1/22 Dr. Kenney Medical evaluations, referrals, and first aid 3 1/23 SLO Bangers Needle exchange, education and HIV testing N/A 1/25 Raising a Reader Interactive storytelling led by a local teacher to our student residents 3 1/29 Dr. Kenney Medical evaluations, referrals, and first aid 3 1/30 California Lifeline and ACP Free phone, cellular, and internet services N/A 1/30 SLO Bangers Needle exchange, education and HIV testing N/A 1/31 THMA Mental Health services and Education 2
2/1 Sound Therapy with Kimberly Musical instruments played for relaxation and healing 3 2/2 Reiki Healing Workshop Reiki healing through energy work 6 2/3 Miniature Farm Animals Therapy animals are brought on site for interactive time with residents 7 2/5 Painting with Mary Introduction to painting techniques with Mary 1 2/5 Dr. Kenney Medical evaluations, referrals, and first aid 3 2/6 SLO Bangers Needle exchange, education and HIV testing N/A 2/8 Watershed Table Demonstration Morro Bay Estuary came out to educate on the way the watershed works locally to the kids on site 6 2/12 Stained Glass Art Program Craft time with the adults onsite on stained glass art 1 2/12 Dr. Kenney Medical evaluations, referrals, and first aid 3 2/13 ERS & DSS Support Employment resource Specialist & Department of Social Services N/A 2/13 Testing, results, and treatment for STDs, STIs, ect. N/A 2/13 SLO Bangers Needle exchange, education and HIV testing N/A 2/14 Eckerd's Connects Job resume building, interviews, internships, Job applications, certificates, one on one coaching, ect. 4 2/14 THMA Mental Health services and Education N/A
2/16 Elfin Forest Walk Forest led us on an educational nature hike of the Elfin Forest Walk 6 2/19 Dr. Kenney Medical evaluations, referrals, and first aid 3 2/20 Testing, results, and treatment for STDs, STIs, ect. N/A 2/20 SLO Bangers Needle exchange, education and HIV testing N/A 2/26 Dr. Kenney Medical evaluations, referrals, and first aid 3 2/26 Camp Ocean Pines Bring their animal ambassadors to interact with clients 4 2/27 SLO Bangers Needle exchange, education and HIV testing N/A 2/28 THMA Mental Health services and Education 2
The Center for Health & Prevent
The Center for Health & Prevent
February 2024
Attachment 1

12/7/23 Back Oak Corridor 3
12/13/23 Back Oak Corridor 2
12/22/23 Back Oak Corridor 3
12/27/23 Back Oak Corridor 1
1/4/24 3
1/12/24 4
1/18/24 3
1/26/24 3
2/1/24 Black Oak Corridor 3
2/7/24 Black Oak Corridor 4
2/15/24 Black Oak Corridor 4
2/22/24 Black Oak Corridor 2
2/29/24 Black Oak Corridor 4
Black Oak Corridor
Black Oak Corridor
Black Oak Corridor
Black Oak Corridor
Good Neighbor Program Trash Collection
Attachment 1

ECHO Quarterly Neighborhood Stakeholder Meeting
Black Oak Drive Corridor
Date: 1.25.2024
Time: 2pm-2:30pm
Location: 1134 Black Oak Drive
Attendance : Mayor John Hamon, Officer Smallwood, Angelica Fortin, Wes Harmon, League, Wendy Lewis, Mimi Rodriguez, Austin Solheim, Stephanie Potter Meeting Agenda
Meeting Objective: The objective of this meeting is to gather neighborhood stakeholders, city officials, and representatives from the local homeless shelter to collaboratively problem-solve issues that the shelter and the community may be facing. We aim to foster open communication and find mutually beneficial solutions to address concerns and ensure a harmonious neighborhood environment.

1. Welcome and Introductions
● Round of introductions: Each participant briefly introduces themselves, their role, and their affiliation with the community or homeless shelter.

Updates:
● Biannual Meetings - We are going to be starting this as a biannual meeting. We will be doing it every 6 months. This month and then we’ll do it in June. ● I’ll be sending out a monthly email with current numbers and updates. ● We have increased the number of beds since the last time that we met. o Before: We had 50 beds in total - 45 beds as 90 day beds, and 5 nightly beds.

Now we have a total of 70 beds - 65 beds are 90 day beds and 5 nightly beds.

Attachment 1

● Question: How is the access of the 90 day program going? 60-65% are being housed and 95 percent of those are staying housed. Last year we housed 201 individuals and families and 120 of those were from the Paso Robles campus.

Emergency Crisis Room Partnership with Paso Robles Emergency Services ● Resource Room - We are changing the name of the room from crisis room to resource room. We made that decision through a trauma informed lens. ● This room will be an emergency room for Paso PD and fire to have access too. It goes till midnight. PD and fire will have that 1 room dedicated for them to activate, it can also be for a family of up to 4.
o Officer SmallWood - Both chiefs really wanted to have access to be able to have someone stay in a room at 11pm. This will be beneficial for those emergency situations where we need to try and place someone, for example someone needing a safe place to go from a DV situation.
o Wes Harmon - Will the hotels still be called for situations like that? (Officer Smallwood) It will definitely help us from calling around trying to find a place for some of these individuals.
● Wendy- All of the staff got all of the information that they needed for situations like this so they are fully prepared.
● Just to be clear at any time in the day an officer can access the room. ● Mayor John Hammon - I really appreciate the 90 day program, the results are really showing.
● Wendy - So far this year we have housed 12.
● Angelica Fortin - Does anyone have questions about the sheet that was sent out? ● Officer Smallwood - I made a short sparknotes version for PD to go off of and dispatch will have all of the numbers and form as well to go off of.

Attachment 1

Quick Updates on Programs :
● We’ve recently had Eckerd’s SLO Connects coming out once a month. They help with resumes, job finding, mock interviews. They can set up a one on one coach for their SLO location to help them further.
● We’ve also had THMA come out and work out of one of our program rooms which has been more successful than their van.
● Haircuts, Employment Resource Specialist and Department of Social Services, Dr. Kenny and many more.
○ If anyone wants to know more about the programs that are available in the month or that week please feel free to reach out.

Questions:
● Wes Harmon - A month ago I hired someone who was in the 90 day program, he’s been doing great! He’s really detail oriented.
○ AustinSolheim - if you have anyone that needs a job let us know. ○ Wes - Best western does need help so you can check in with her, she’s been an ECHO supporter.
● Austin Solheim - We do have a laundry program open to everyone on Wednesday’s from 3pm-5pm.
● Wendy Lewis - The board of supervisors voted 5-0 to fund our operational cost for the additional 20 rooms, we’re really grateful for that!
● Wes Harmon - We know that there are rules to being in the program, does that affect them working overnight shifts.
○ Austin - No, we have a lot of residents that actually work overnight. We just ask them to give a work schedule to case managers so that staff is aware. ● Mayor John Hammon - Did everyone cooperate with the point-time-count? ○ Officer Smallwood - Everyone was very receptive and came out and talked. ○ Angelica Fortin - We will get specific numbers for Paso Robles. We are expecting it to have been an undercount.

Attachment 1

○ Austin Solheim - The count does include all of the numbers that we have at ECHO. This year was more organized and had many more volunteers, so the numbers will be different. Most likely higher. It has been tinder counted for many years.
○
CLosing comments:
- Austin will send an invite out for the next meeting.

Attachment 1

Date Time Received Time Returned Handled By What Call Was Regarding Phone Log
Attachment 1

ADMINISTRA

TION ARPA
ECHO-Paso
Robles
Fundraisin
g HHAP-1 Home Key PLHA Program SB 1090 TOTAL
Income
40000 Operating Income 0.00
4000 Grants 0.00
4010 GOVERNMENT GRANTS 0.00
4025 PLHA Grant 96,177.80 96,177.80
4032 HHAP Grant 34,207.41 34,207.41
4033 ARPA Grant 68,718.70 68,718.70
4034 State of California
Grants 0.00
4035 SB 1090 10,617.80 10,617.80
Total 4010 GOVERNMENT
GRANTS $ 0.00 $ 68,718.70 $ 0.00 $ 0.00 $ 34,207.41 $ 0.00 $ 96,177.80 $ 0.00 $ 10,617.80 $ 209,721.71 4050 Non Government Grants 0.00
4057 Other Grants 55,500.00 209,590.00 265,090.00
Total 4050 Non Government
Grants $ 0.00 $ 0.00 $ 55,500.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 209,590.00 $ 0.00 $ 265,090.00 Total 4000 Grants $ 0.00 $ 68,718.70 $ 55,500.00 $ 0.00 $ 34,207.41 $ 0.00 $ 96,177.80 $ 209,590.00 $ 10,617.80 $ 474,811.71 4100 FUND RAISING INCOME 0.00
4101 Long Walk Home 5,000.00 5,000.00
4103 Empty Bowl 3,000.00 3,000.00
4107 Turkey Trot 4,265.50 4,265.50
4120 Newsletter Income 15,150.50 1,137.50 16,288.00
Total 4100 FUND RAISING
INCOME $ 0.00 $ 0.00 $ 0.00 $ 27,416.00 $ 0.00 $ 0.00 $ 0.00 $ 1,137.50 $ 0.00 $ 28,553.50 4200 CONTRIBUTIONS 0.00
4207 Direct Mail/Envelopes 9,300.50 900.00 10,200.50
4210 Ecumenical Donations 2,353.28 2,353.28
4220 Business Donations 20,691.31 20,691.31
4230 Individual Donations 90,403.96 90,403.96
4240 Civic/Non Profit
Organizations 3,710.70 3,710.70
Total 4200 CONTRIBUTIONS $ 0.00 $ 0.00 $ 0.00 $ 9,300.50 $ 0.00 $ 0.00 $ 0.00 $ 118,059.25 $ 0.00 $ 127,359.75 Total 40000 Operating Income $ 0.00 $ 68,718.70 $ 55,500.00 $ 36,716.50 $ 34,207.41 $ 0.00 $ 96,177.80 $ 328,786.75 $ 10,617.80 $ 630,724.96 4500 DONATED GOODS &
SERVICES 0.00
4505 Donated Professional
Services 500.00 537.75 225.00 1,262.75
Total 4500 DONATED GOODS &
SERVICES $ 500.00 $ 0.00 $ 0.00 $ 537.75 $ 0.00 $ 0.00 $ 0.00 $ 225.00 $ 0.00 $ 1,262.75 4900 OTHER INCOME 41.14 41.14
4905 Interest 3,478.14 7.25 3,485.39
Total 4900 OTHER INCOME $ 3,478.14 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 48.38 $ 0.00 $ 3,526.52 Total Income $ 3,978.14 $ 68,718.70 $ 55,500.00 $ 37,254.25 $ 34,207.41 $ 0.00 $ 96,177.80 $ 329,060.13 $ 10,617.80 $ 635,514.23 Gross Profit $ 3,978.14 $ 68,718.70 $ 55,500.00 $ 37,254.25 $ 34,207.41 $ 0.00 $ 96,177.80 $ 329,060.13 $ 10,617.80 $ 635,514.23 Expenses
5000 ADMINISTRATIVE EXPENSES 0.00
5010 Conferences & Training 197.86 900.00 500.00 1,597.86 5011 Admin
Meals/Appreciation/Outreach 2,506.34 97.02 846.86 103.17 3,553.39 5020 Dues, Fees, Memberships 3,053.58 100.00 3,153.58
5030 Insurance 0.00 0.00
5031 Employee Health 449.48 2,064.81 4,599.39 583.62 7,697.30 5035 D & O Insurance 809.08 340.17 1,149.25
5036 Liability/Prop/Umbrella
Insurance 1,228.70 1,648.71 1,638.26 3,803.10 8,318.77
Total 5030 Insurance $ 2,037.78 $ 1,648.71 $ 449.48 $ 0.00 $ 2,064.81 $ 6,237.65 $ 0.00 $ 4,726.89 $ 0.00 $ 17,165.31 5050 Office Supplies & Services 1,412.94 828.41 522.39 448.58 239.13 3,451.44 5070 Professional Charges 6,770.71 650.06 364.00 809.42 383.90 119.31 87.60 9,185.00 5075 Bank Charges 902.79 902.79
5080 Payroll 0.00
5085 Wages 164.02 65,659.20 39,566.25 87,980.44 41,727.23 5,187.37 14,520.16 254,804.67 5090 Payroll Tax Expense 10,808.24 6,520.90 3,465.18 7,409.55 3,714.58 459.90 965.45 33,343.79 El Camino Homeless Organization
Profit and Loss by Class
December 2023 - February 2024
Attachment 2

0.00 5095 Workers Comp Exp 7,319.75 7,319.75
5096 401K 1,700.57 1,700.57
Total 5080 Payroll $ 19,992.57 $ 0.00 $ 72,180.10 $ 0.00 $ 43,031.43 $ 95,389.99 $ 45,441.80 $ 5,647.28 $ 15,485.61 $ 297,168.78 Total 5000 ADMINISTRATIVE
EXPENSES $ 36,874.56 $ 2,477.12 $ 73,279.64 $ 997.02 $ 45,460.23 $ 104,406.31 $ 46,274.29 $ 10,835.77 $ 15,573.21 $ 336,178.14 5100 FUNDRAISING EXPENSES 0.00
5110 Event/Fundraising
Expenses 47.86 47.86
5113 Empty Bowl 146.00 146.00
5118 Direct
Mail/Envelopes/Tribune 5,350.37 5,350.37
5160 Publicity/Promotion 3,014.15 3,014.15
Total 5100 FUNDRAISING
EXPENSES $ 0.00 $ 0.00 $ 0.00 $ 8,558.38 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 8,558.38 5200 PROGRAM EXPENSES 0.00
5300 FOOD SERVICE 0.00
5310 Food 2,512.64 2,512.64
Total 5300 FOOD SERVICE $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 2,512.64 $ 0.00 $ 0.00 $ 0.00 $ 2,512.64 5400 SHELTER SERVICES 0.00
5442 General Supplies &
Materials 5,477.12 4,872.34 10,349.46
Total 5400 SHELTER SERVICES $ 0.00 $ 5,477.12 $ 0.00 $ 0.00 $ 0.00 $ 4,872.34 $ 0.00 $ 0.00 $ 0.00 $ 10,349.46 5500 CLIENT SERVICES 0.00
5560 Miscellaneous Assistance 0.00
5572 Direct Aid 1,751.93 3,846.77 1,056.10 6,654.80
Total 5560 Miscellaneous
Assistance $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 1,751.93 $ 3,846.77 $ 1,056.10 $ 0.00 $ 6,654.80 5562 Children's/Client
Enrichment 193.85 193.85
5725 TRANSPORTATION &
Communication 0.00
5730 Local Bus Tickets 2,370.00 2,370.00
5740 Client Gas 1,970.58 1,970.58
5745 Staff Vehicle Expense 187.07 1,179.29 126.70 1,493.06 Total 5725 TRANSPORTATION
& Communication $ 187.07 $ 1,970.58 $ 0.00 $ 0.00 $ 0.00 $ 1,179.29 $ 2,496.70 $ 0.00 $ 0.00 $ 5,833.64 Total 5500 CLIENT SERVICES $ 187.07 $ 1,970.58 $ 0.00 $ 0.00 $ 0.00 $ 3,125.07 $ 6,343.47 $ 1,056.10 $ 0.00 $ 12,682.29 Total 5200 PROGRAM EXPENSES $ 187.07 $ 7,447.70 $ 0.00 $ 0.00 $ 0.00 $ 10,510.05 $ 6,343.47 $ 1,056.10 $ 0.00 $ 25,544.39 7000 Physical Plant 0.00
7010 Building/Grounds
Maintenance & Repair 8,143.00 8,143.00
7015 Property Taxes 0.00
7020 Vehicle Repairs &
Maintenance 150.69 150.69
7030 Utilities 0.00
7031 Gas 1,833.31 1,833.31
7032 Electricity 1,633.37 1,633.37
7033 Water/Sewer 4,718.85 4,718.85
7034 Telephone & Internet
Service 1,028.25 638.16 60.38 494.37 2,221.16
7036 Waste Management 1,634.50 1,634.50
Total 7030 Utilities $ 1,028.25 $ 9,820.03 $ 0.00 $ 0.00 $ 0.00 $ 638.16 $ 60.38 $ 494.37 $ 0.00 $ 12,041.19 Total 7000 Physical Plant $ 1,028.25 $ 17,963.03 $ 0.00 $ 0.00 $ 0.00 $ 788.85 $ 60.38 $ 494.37 $ 0.00 $ 20,334.88 Suspense 0.00 0.00
Total Expenses $ 38,089.88 $ 27,887.85 $ 73,279.64 $ 9,555.39 $ 45,460.23 $ 115,705.21 $ 52,678.14 $ 12,386.24 $ 15,573.21 $ 390,615.78 Net Operating Income -$ 34,111.74 $ 40,830.85 -$ 17,779.64 $ 27,698.86 -$ 11,252.82 -$ 115,705.21 $ 43,499.66 $ 316,673.89 -$ 4,955.41 $ 244,898.44 Other Expenses
8009 CDBG Shelter Construction 0.00
Total Other Expenses $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Net Other Income $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Net Income -$ 34,111.74 $ 40,830.85 -$ 17,779.64 $ 27,698.86 -$ 11,252.82 -$ 115,705.21 $ 43,499.66 $ 316,673.89 -$ 4,955.41 $ 244,898.44 Attachment 2

Blue Cells = Total expeneses & income for ECHO, Paso Robles Emegrency Shelter Gray Cells = Other expenses & income for the ECHO, Paso Robles Emergency Shelter I hearby certifiy that I have examined this report and that the statements made and the figures shown herin and in any accompanying schedules are, to the best of my knowledge and belief, a true and complete financial statements, made in good faith for the period stated. .
. __Mimi Rodriguez___ 03.01.2024 .
. . signature date
Budget Narrative
The budget above shows all expenses and income received for the ECHO, Paso Robles Emergency Shelter during the second quarter, of the second year, of the City of Paso Robles grant award (December 2023 - February 2024). During this quarter, ECHO fundraised $630,724.96 for the Paso Robles Shelter though grants, events, and community donations. The total expenses for the ECHO, Paso Robles Shelter was $390,615.78. This leaves ECHO with a current surplus of $244,898.44 at the end of the quarter. This surplus is a result to recieving two large grants which were awarded in full at the beginning of a 12 month contract.

The funds will be spent down over the next 12 months. Many of ECHO's grants are similar to the City of Paso Robles Grant award in that the funds are awarded as a reimbrusement after expenses occur. Because of these grant processes, ECHO's budget will fluxuate between having a surplus or deficit of funds throughout the year.

Budget Key:

Green Cells = Expenses and income for the City of Paso Robles Grant Award Attachment 2

Council Agenda Report
From: Freda Berman, Public Works Director
Subject: Award Park Design and Environmental Services Contracts for Larry Moore Park Redevelopment
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: April 2, 2024
Facts

1. Larry Moore Park was planned and developed in the 1980s as part of the Riverbank development and designed to serve that neighborhood. The Riverbank development was included in the Paso Robles Landscape and Lighting Maintenance District, with resident assessments intended to help pay for park maintenance costs.

2. After many years of assessments not keeping pace with maintenance costs, the park was in general disrepair and the restroom and playground closed to the public. In 2016, the City of Paso Robles removed the park and adjacent landscape parkway from the Landscape and Lighting District and accepted Larry Moore Park into the City park system. A new playground was installed, and the restroom upgraded and reopened.

3. Extensive neighborhood outreach was conducted to discuss Larry Moore Park transferring from the Landscape and Lighting District to the City. At one neighborhood meeting the City suggested that Larry Moore Park could be improved with the addition of lighted youth baseball/softball fields and outfield turf areas that could double as a youth soccer field, along with parking enhancements. Some community members were concerned about increased use, vehicle traffic and general safety. The City contracted with a local firm to develop two preliminary concept plans (Attachment 1) and committed to a traffic evaluation prior to moving forward with any park enhancements.

4. Data maintained by the Community Services Department indicates that the need for youth baseball fields and soccer fields exceeds available inventory and currently the City lacks three baseball diamonds and two youth soccer fields based on accepted population standards (Attachment 2).

5. On May 2, 2023, the City issued an Invitation to Submit Proposals to Provide Design Services for Larry Moore Park Redevelopment.

6. Proposing firms were asked to consider the preliminary concepts plans as examples only, and specifically evaluate design of the site to include two lighted youth baseball/softball fields, a multiuse sports turf area, parking area, picnic areas and a basketball court. Additionally, proposing firms were asked to explore the possibility of constructing a seasonal concert shell in the southwest area of the park adjacent to the Salinas River.

7. Seven firms submitted proposals which were reviewed by Angelica Fortin, Community Services Director, Warren Frace, Community Development Director, Chis Huot, Assistant City Manager, and Freda Berman, Public Works Director, for adherence to the basic qualifications as stated in the Invitation to Submit Proposals.

8. Two firms were asked to interview with a panel representing youth sports organizations, the Parks and Recreation Advisory Committee, and the City: Mike Aanerud representing Paso Robles Youth Baseball; James Lopez representing AYSO; Rich Clayton representing the Parks and Recreation Advisory Committee; and Katie Banister, Associate Planner, Angelica Fortin, Community Services Director, and Freda Berman, Public Works Director. Both firms were evaluated on (1) a creative vision for redevelopment of Larry Moore Park; (2) a collaborative approach that emphasizes the importance of public workshops; (3) proposed park features that met the requirements of the Request for Proposals; and (4) acknowledgment of the inherent challenges of designing and building a park in not only an active neighborhood, but importantly, in a flood plain.

9. For park design, the review committee recommends retaining David Volz Design (DVD). This recommendation is based on qualifications, proposed approach and other criteria as listed in the City’s request for proposals, which is included as an attachment.

10. Because the park site is located in an active flood plain, full environmental review pursuant to the California Environmental Quality Act (CEQA) is required. As described in the RFP, an environmental consultant was originally envisioned to be part of the park designer’s team. During scope discussions with DVD, it was determined that since the City will serve as the CEQA Lead Agency, the environmental portion of the project was best contracted directly with the City, as opposed to being a subcontractor to the park designer. SWCA Environmental Consultants, although now contracting directly with the City, refined their proposal in collaboration with the DVD work scope to provide a fully coordinated project.

Community Outreach
Robust community outreach is a critical element of this project. The input of youth sports representatives, the neighborhood and general public is essential to produce a park that will serve the City well into the future. Both DVD and SWCA have included community meetings and presentations to the Parks and Recreation Advisory Committee and City Council.

Options

1. Take no action;

2. Award a contract for landscape architecture design services for Larry Moore Park Redevelopment to David Volz Design in the amount of $707,498 and a contract for Larry Moore Park Redevelopment CEQA Services to SWCA Environmental Consultants in the amount of $144,042.86 and find the action exempt from CEQA; or

3. Provide alternative direction to staff.

Analysis and Conclusions
Requests for field reservations for youth baseball and soccer far outstrip available fields. This lack of inventory will be compounded by the loss of the Pioneer Park youth baseball field with the sale of a large portion of the park to the Paso Robles Event Center.

Larry Moore Park is an underutilized asset located in the middle of an active, youthful neighborhood. The redevelopment of the park to include field space will not only serve youth sports organizations but provide a state-of-the-art recreational amenity for that neighborhood in particular and the community as a whole.

As noted from previous community input, a key component of the design process will be to address concerns such as traffic and parking.

The conceptual plan will be reviewed and approved by the Parks and Recreation Advisory Committee and City Council prior to preparation of construction documents.

Design is anticipated to take nine months to one year to complete. Construction duration is estimated at one year.

Fiscal Impact
Two funding sources are proposed for park design and environmental services for the Larry Moore Redevelopment project. The total cost of both contracts is $851,540.86. First are the net proceeds from the sale of a portion of Pioneer Park to the Events Center, which are estimated at $775,000.00. The remainder, estimated at $76,541.00, is proposed to be funded from Parks and Recreation Facilities Development Impact Fees.

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, since the recommended action is to award two contracts only associated with environmental and design services and will not result in a direct or reasonably foreseeable indirect physical change in the environment. One of the contracts is the City’s retention of an environmental consultant that will under all California Environmental Quality Act review associated with the chosen park design.

Recommendation (Option 2)
Approve Resolution 24-XXX awarding a contract for landscape architecture design services for Larry Moore Park Redevelopment to David Volz Design in the amount of $707,498.00; awarding a contract for Larry Moore Park Redevelopment CEQA Services to SWCA Environmental Consultants to SWCA Environmental Consultants in the amount of $144,042.86; find the action exempt from CEQA under State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378; and authorize the City Manager to execute both contracts, subject to any minor, technical, or non-substantive changes as approved by the City Manager and the City Attorney.

Attachments

1. Larry Moore Park Preliminary Concept Plans

2. Level of Service Amenities Table

3. RFP to Provide Design Services for Larry Moore Park Redevelopment

4. Proposal – DVD - David Volz Design

5. Proposal – SWCA Environmental Consultants

6. Resolution 24-XXX – Park Design and Environmental Services

Attachment 1 Page 226 of 370 City Council Agenda
Attachment 1 Page 227 of 370 City Council Agenda
Attachment 1 Page 228 of 370 City Council Agenda
Attachment 1

PASO ROBLES NRPA
Standard
PR Standard
(Pop 32,000)
Current
Amenities
Surplus or
Deficiency
(Pop. 32,000)
Sherwood
Master Plan
Olsen/
Chandler
Development
Beechwood
Development
Larry Moore
Concept Plan
Pioneer Park
Amenities*
Diamond fields: baseball
(3 with lights-Bynum, Robbins, Pioneer) 4,000 8 5 (3) 4 0 2 2 (1) Diamond fields: softball (4 with lights) 6,000 5.3 4 (1.3) 0 0 0 0 N/A Rectangular fields: multipurpose 5,000 6.4 6 (0.4) 3 0 2 2 N/A Rectangular fields: soccer-youth 10,000 3.2 1 (2.2) 0 0 0 0 N/A Tennis Courts 5,000 6.4 8 2.4 4 0 0 0 N/A
Pickleball Courts 4,000 8 5 (3) 7 4 0 0 N/A
Basketball Courts 4,000 8 2.5 (5.5) 1.5 1 0 0 (1)
Volleyball Courts (Sand) 15,000 2.1 1 (1.1) 0 0 0 0 N/A Skate Park 32,000 1 1 0 1 0 0 0 (1)
Dog Park 28,000 1.1 1 0 0 0 0 0 N/A
Swimming Pools (2
outdoor/1 small indoor therapy style) 20,000 2 2 0.0 0 0 0 0 N/A Demonstration Garden 24,000 1.3 1 0 0 0 0 0 N/A
Playgrounds 3,200 10 8 (2) 1 1 1 1 (1)

OUTDOOR PARK & RECREATION FACILITIES LEVEL OF SERVICE TABLE * May lose amentities when sale of the park is final
Attachment 2

1 (BB&K: March 2018)

CITY OF EL PASO DE ROBLES
“The Pass of the Oaks”
TO: INTERESTED INDIVIDUALS OR FIRMS
FROM: FREDA BERMAN, PUBLIC WORKS DIRECTOR
SUBJECT: INVITATION TO SUBMIT PROPOSALS TO THE CITY OF PASO ROBLES TO

PROVIDE DESIGN SERVICES FOR LARRY MOORE PARK

REDEVELOPMENT
DATE: MAY 2, 2023
The attached Request for Proposals (RFP) describes the general project background and scope of services for redevelopment of an 8-acre park located on the south side of the City of Paso Robles.

Known as Larry Moore Park, the site currently features a small playground, basketball court, general purpose activity field, trails and a restroom.

Interested parties are invited to submit proposals. Submit four (4) bound copies and one (1) electronic copy on a flash drive.

Proposals are due by 5:00 p.m. on Friday, June 2, 2023 and should be addressed to:

City of Paso Robles
Public Works Department
Attention: Freda Berman
1000 Spring Street
Paso Robles, CA. 93446
Please mark the envelope: “Proposal to Provide Design Services for Larry Moore Park Redevelopment”
Attachment 3

2 (BB&K: March 2018)

REQUEST FOR PROPOSALS TO PROVIDE DESIGN SERVICES

FOR LARRY MOORE PARK REDEVELOPMENT
DPW PROJECT NO. 23-10
I. SUBMITTAL DATA
All proposals must be received by mail, recognized carrier or hand delivered, not later than 5 p.m. on Friday, June 2, 2023, at City Hall, 1000 Spring Street, Paso Robles. Submit four (4) bound copies and one (1) electronic copy on a flash drive.
▪ Costs of preparation of the proposal shall be borne by the individual or firm making the proposal (“proposer”).
▪ This request does not constitute an offer of employment or a contract for services.

All questions and requests for interpretations or clarifications must be submitted in writing to the City by emailing Freda Berman, Public Works Director, at [email protected]. Verbal statements regarding this RFP by any persons should be considered unverified information unless confirmed in writing. To ensure a response, questions must be received by 5:00 p.m. local time on Monday, May 22, 2023.

II. SELECTION PROCESS
▪ A proposer will be selected based upon staff review of the qualifications and other factors identified below, and the possible presentation of the proposals to the City Council. ▪ Selected staff will evaluate proposals based on factors such as demonstrated competence, expertise and experience, professional qualifications, understanding of design consistent with a park located in an active neighborhood, the ability to perform the desired services within a specified time frame, a record of satisfactory work associated with projects of this type performed for either this City or other agencies, and completeness in responding to the RFP. ▪ Proposers need also demonstrate experience in designing public facilities that comply with of the State of California disabled access standards and the Americans with Disabilities Act, as well as significant experience in park design using sustainable techniques, including but not limited to water-efficient irrigation, environmentally conscious lighting, pervious surfaces and native plant materials.
▪ Award, if made, will be made to the proposer that establishes its demonstrated competence and professional qualifications and can provide the services required at a fair and reasonable price to the City.
▪ All responses to this Request for Proposals and other material submitted to the City in response to this request become the property of the City.

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III. GENERAL BACKGROUND
Larry Moore Park was planned and developed in the 1980’s as part of the Riverbank development and designed to serve that neighborhood. The Riverbank development was included in the Paso Robles Landscape and Lighting Maintenance District, with resident assessments intended to help pay for park maintenance costs. After many years of assessments not keeping pace with maintenance costs, the park was in general disrepair and the restroom and playground closed to the public. In 2016, the City of Paso Robles removed the park and adjacent landscape parkway from the Landscape and Lighting District and accepted Larry Moore Park into the City park system. A new playground was installed and the restroom upgraded and reopened.

Extensive neighborhood outreach was conducted to discuss Larry Moore Park transferring from the Landscape and Lighting District to the City. At one neighborhood meeting the City suggested that Larry Moore Park could be improved with the addition of lighted youth baseball/softball fields and outfield turf areas that could double as a youth soccer field, along with parking enhancements. Some community members were concerned about increased use, vehicle traffic and generalsafety. The City contracted with a local firm to develop two concept plans and committed to a traffic evaluation prior to moving forward with any park enhancements.

To meet the increasing demand for youth sports field space, the City desires to redevelop the park to include the following minimum park enhancements:
• Two lighted youth baseball/softball fields
• A multi-use sports turf area
• Parking area
• Picnic areas
• A basketball court
Additionally, the City is interested in exploring the possibility of constructing a seasonal concert shell in the southwest area of the park adjacent to the Salinas River.

The conceptual site plans(Attachment 1) are not to be considered the preferred options or final design, and are solely examples of the incorporation of the majority of elements.

Key to this design process is the development of a budget estimate to include community outreach, construction plans and technical specifications, City Council presentation, traffic study, construction costs and construction administration.

The overarching goal is the development of a project ready to bid as soon as funding is identified and available.

IV. OBJECTIVES
The selected proposer will work directly with several City Departments/Divisions: Public Works; Community Services; Building Division; and Community Development. Also involved will be the City Parks and Recreation Advisory Committee and City Council. All will have input in the design and approval of Larry Moore Park.

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V. REQUIRED FORMAT
Statements of Qualifications and Proposals shall include all of the following:

A. A statement reflecting the individual's or firm's understanding of the scope of the issues to be addressed.

B. An outline of the proposed approach to addressing the City's requirements.

C. Identification of the specific person(s)/key personnel who would be assigned to the City's project.

D. Qualifications of assigned personnel (RE. Architectural License, registration as a Engineer, etc.).

E. Identification of available support resources as applicable.

F. Identification of any sub consultants to the proposer, including resumes or qualifications of the sub consultants as applicable.

G. A list of public agencies or private entities to which the proposer and the particular personnel proposed for the City's project have or are currently providing design services, including a description of the project and the name and phone number of a person the City can contact for a reference.

H. Proof of commercial general liability, automobile liability, worker’s compensation/employer’s liability and professional liability insurance as required in City's contract.

I. ANY AND ALL EXCEPTIONS TO THE CITY'S ATTACHED CONTRACT FORM OR SCOPE OF SERVICES. PROPOSERS WILL BE DEEMED TO HAVE ACCEPTED ALL CONTRACT TERMS TO WHICH NO EXCEPTION IS TAKEN IN THE PROPOSAL.

J. A fee proposal including all fees, including sub consultant fees, reimbursable expenses and costs to provide the services described in this RFP and the attached contract form. Fees should be broken down into the following tasks: assessment, design, bidding, and limited construction administration services.

VI. PROPOSED TERMS

1.0 Scope of Work
The City is seeking a proposer that can supply assessment, public outreach and design services that include a study of potential neighborhood traffic impacts.

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2.0 Required Time Frames
The City anticipates awarding the design contract in June 2023, having the design documents complete by January 2024.

The City will establish a schedule for completion of design services in conjunction with negotiation of the contract.

3.0 Payment Schedule
Payment for services rendered will be made in accordance with the attached Agreement.

4.0 Contract Requirement
The City will enter into a contract with the selected proposer in the form attached to this RFP (“Agreement”). By entering into the Agreement, the selected proposer shall warrant that he/she possesses all capital and other equipment, labor, and materials to carry out and complete the work in compliance with all Federal, State, County, City Laws, Ordinances, and Regulations.

5.0 General Provisions
The City reserves the right to amend this RFP or issue addenda to answer questions for clarification.

Issuance of this RFP and receipt of proposals does not commit the City to award a contract. The City expressly reserves the right to postpone the RFP for its own convenience, to accept or reject any or all proposals received in response to this RFP, to negotiate with more than one Respondent concurrently, or to cancel all or part of this RFP.

A proposal may be considered non-responsive if conditional or incomplete. The City reserves the right to reject any or all proposals and to negotiate modifications or acceptance of parts of a proposal.

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SAMPLE

AGREEMENT FOR PROFESSIONAL DESIGN SERVICES

SCOPE OF SERVICES

CITY OF EL PASO DE ROBLES

DESIGN SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into as ________________, 20____ by and between the City of El Paso de Robles, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 1000 Spring Street, Paso Robles, CA 93446 (“City”), and [***INSERT NAME***], a [***INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (hereinafter referred to as “Designer”). City and Designer are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Designer. Designer desires to perform and assume responsibility for the provision of certain professional design services required by the City on the terms and conditions set forth in this Agreement. Designer warrants that it is fully licensed, qualified, and willing to perform the services required by this Agreement; provided, however, that if Designer is a corporation or other organization, the Project Designer designated pursuant to Section 3.2, and not the Designer itself, shall be fully licensed to practice as an architect and/or engineer in the State of California.

2.3 Project. City desires to engage Designer to render such services for the LARRY MOORE PARK REDEVELOPMENT ("Project") as set forth in this Agreement.

3. TERMS

3.1 Employment of Designer.

3.1.1 Scope of Services. Designer promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional design and related services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement (hereinafter referred to as “Services”). The Services are more particularly described throughout this Agreement, including Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. All Services performed by Designer shall be subject to the sole and discretionary approval of the City, which approval shall not be unreasonably withheld.

3.1.2 Term. The term of this Agreement shall be from [INSERT DATE] to [INSERT DATE], unless earlier terminated as provided herein. Designer shall complete the Attachment 3

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Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Project Designer; Key Personnel.

3.2.1 Project Designer. Designer shall name a specific individual to act as Project Designer, subject to the approval of City. Designer hereby designates [INSERT NAME OF INDIVIDUAL DESIGNER] (License No. [INSERT NUMBER]) to act as the Project Designer for the Project. The Project Designer shall: (1) maintain oversight of the Services; (2) have full authority to represent and act on behalf of the Designer for all purposes under this Agreement; (3) supervise and direct the Services using his or her best skill and attention; (4) be responsible for the means, methods, techniques, sequences and procedures used for the Services; (5) adequately coordinate all portions of the Services; and (6) act as principal contact with City and all contractors, consultants, engineers and inspectors on the Project. Any change in the Project Designer shall be subject to the City’s prior written approval, which approval shall not be unreasonably withheld. The new Project Designer shall be of at least equal competence as the prior Project Designer. In the event that City and Designer cannot agree as to the substitution of a new Project Designer, City shall be entitled to terminate this Agreement for cause.

3.2.2 Key Personnel. In addition to the Project Designer, Designer has represented to the City that certain additional key personnel, engineers and consultants will perform the Services under this Agreement. Should one or more of such personnel, engineers or consultants become unavailable, Designer may substitute others of at least equal competence upon written approval of the City. In the event that City and Designer cannot agree as to the substitution of key personnel, engineers or consultants, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel, engineers or consultants who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Designer at the request of the City. The key additional personnel, engineers and consultants for performance of this Agreement are as follows: [INSERT NAMES, AND TITLES OF KEY PERSONNEL, AND LICENSE NUMBERS, IF APPLICABLE].

3.3 Hiring of Consultants and Personnel.

3.3.1 Right to Hire or Employ. Designer shall have the option, unless City objects in writing after notice, to employ at its expense architects, engineers, experts or other consultants qualified and licensed to render services in connection with the planning and/or administration of the Project, and to delegate to them such duties as Designer may delegate without relieving Designer from administrative or other responsibility under this Agreement. Designer shall be responsible for the coordination and cooperation of Designer’s architects, engineers, experts or other consultants. All consultants, including changes in consultants, shall be subject to approval by City in its sole and reasonable discretion. Designer shall notify City of the identity of all consultants at least fourteen (14) days prior to their commencement of work to allow City to review their qualifications and approve to their participation on the Project in its sole and reasonable discretion.

3.3.2 Qualification and License. All architects, engineers, experts and other consultants retained by Designer in performance of this Agreement shall be qualified to perform the Services assigned to them, and shall be licensed to practice in their respective professions, where required by law.

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3.3.3 Standards and Insurance. All architects, engineers, experts and other consultants hired by Designer shall be required to meet all of the same standards and insurance requirements set forth in this Agreement, unless other standards or requirements are approved by the City in writing. Unless changes are approved in writing by the City, Designer’s agreements with its consultants shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.3.4 Assignments or Staff Changes. Designer shall promptly obtain written City approval of any assignment, reassignment or replacement of such architects, engineers, experts and consultants, or of other staff changes of key personnel working on the Project. As provided in the Agreement, any changes in Designer’s consultants and key personnel shall be subject to approval by City.

3.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall be retained by Designer at Designer’s sole expense.

3.4 Standard of Care.

3.4.1 Standard of Care. Designer shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform the Services in the same discipline in the State of California, and shall be responsible to City for damages sustained by the City and delays to the Project as specified in the indemnification provision of this Agreement. Without limiting the foregoing, Designer shall be fully responsible to the City for any increased costs incurred by the City as a result of any such delays in the design or construction of the Project. Designer represents and maintains that it is skilled in the professional calling necessary to perform the Services. Designer warrants and represents that all of its employees, architects, engineers, experts and other consultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Designer represents that it, its employees, architects, engineers, experts and other consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services assigned to or rendered by them and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Designer shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Designer’s failure to comply with the standard of care provided for herein.

3.4.2 Performance of Employees. Any employee or consultant who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee or consultant who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Designer and shall not be re-employed to perform any of the Services or to work on the Project.

3.5 Laws and Regulations.

3.5.1 Knowledge and Compliance. Designer shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in any manner affecting the performance of the Services or the Project, and shall give all notices required of the Designer by law. Designer shall be liable, pursuant to the standard of care and indemnification provisions of this Agreement, for all violations of such laws and regulations in Attachment 3

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connection with its Services. If the Designer performs any work knowing it to be contrary to such laws, rules and regulations, Designer shall be solely responsible for all costs arising therefrom.

Designer shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.5.2 Drawings and Specifications. Designer shall cause all drawings and specifications to conform to any applicable requirements of federal, state and local laws, rules and regulations, including the Uniform Building Code, in effect as of the time the drawings and specifications are prepared or revised during the latest phase of the Services described in Exhibit “A” attached hereto. Any significant revisions made necessary by changes in such laws, rules and regulations after this time may be compensated as Additional Services which were not known or reasonably should not have been known by Designer. Designer shall cause the necessary copies of such drawings and specifications to be filed with any governmental bodies with approval jurisdiction over the Project, in accordance with the Services described in Exhibit “A” attached hereto. For the preparation of all such drawings and specifications, the Designer shall use Computer Aided Design Drafting (“CADD”) (e.g., AutoCAD) or other technology acceptable to the Designer and City.

3.5.3 Americans with Disabilities Act. Designer will use its best professional efforts to interpret all applicable federal, state and local laws, rules and regulations with respect to access, including those of the Americans with Disabilities Act (“ADA”). Designer shall inform City of the existence of inconsistencies of which it is aware or reasonably should be aware between federal and state accessibility laws, rules and regulations, as well as any other issues which are subject to conflicting interpretations of the law, and shall provide the City with its interpretation of such inconsistencies and conflicting interpretations. Unless Designer brings such inconsistencies and conflicting interpretations to the attention of the City and requests City’s direction on how to proceed, the Designer’s interpretation of such inconsistencies and conflicting interpretations shall be the sole responsibility and liability of Designer, and the Designer shall correct all plans, specifications and other documents prepared for the Project at no additional cost if its interpretations are shown to be incorrect. In the event that the Designer request’s City’s direction on how to proceed with respect to any inconsistent and/or conflicting interpretation, the Designer shall be responsible to the City only pursuant to the indemnification provisions of this Agreement.

3.5.4 Permits, Approvals and Authorizations. Designer shall provide City with a list of all permits, approvals or other authorizations required for the Project from all federal, state or local governmental bodies with approval jurisdiction over the Project. Designer shall then assist the City in obtaining all such permits, approvals and other authorizations. The costs of such permits, approvals and other authorizations shall be paid by the City.

3.5.5 Water Quality Management and Compliance.
(a) Compliance with Water Quality Laws, Ordinances and Regulations.

Designer 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 Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); and any and all regulations, policies, or permits issued pursuant to any such authority. Designer shall additionally comply with the lawful Attachment 3

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requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
(b) Standard of Care. Designer 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 Sections 3.5.5(a) of this Agreement. Designer further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
(c) Liability for Non-compliance.
(i) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.5.5(a) of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Designer agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(ii) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Designer’s failure to comply with any applicable water quality law, regulation, or policy. Designer hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(iii) Damages: City may seek damages from Designer for delay in completing the Services caused by Designer’s failure to comply with the laws, regulations and policies described in Section 3.5.5(a) of this Agreement, or any other relevant water quality law, regulation, or policy.

3.6 Independent Contractor.

3.6.1 Control and Payment of Subordinates. City retains Designer on an independent contractor basis and Designer is not an employee of City. Designer is not an employee for state tax, federal tax or any other purpose, and is not entitled to the rights or benefits afforded to City’s employees. Any additional personnel performing the Services under this Agreement on behalf of Designer shall also not be employees of City, and shall at all times be under Designer’s exclusive direction and control. Designer shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Designer 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, disability insurance, and workers’ compensation insurance.

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3.7 Schedule of Services.

3.7.1 Designer Services. Designer shall fully and adequately complete the Services described in this Agreement and in Exhibit “A” attached hereto and incorporated herein by reference.

3.7.2 Timely Performance Standard. Designer shall perform all Services hereunder as expeditiously as is consistent with professional skill and care, as well as the orderly progress of the Project work so as not to be the cause, in whole or in part, of delays in the completion of the Project or in the achievement of any Project milestones, as provided herein.

Specifically, Designer shall perform its Services so as to allow for the full and adequate completion of the Project within the time required by the City and within any completion schedules adopted for the Project. Designer agrees to coordinate with City’s staff, contractors and consultants in the performance of the Services, and shall be available to City’s staff, contractors and consultants at all reasonable times.

3.7.3 Performance Schedule. Designer shall prepare an estimated time schedule for the performance of Designer’s Services, to be adjusted as the Project proceeds.

Such schedule shall be subject to the City’s review and approval, which approval shall not be unreasonably withheld, and shall include allowances for periods of time required for City’s review and approval of submissions, and for approvals of authorities having jurisdiction over Project approval and funding. If City and Designer cannot mutually agree on a performance schedule, City shall have the authority to immediately terminate this Agreement. The schedule shall not be exceeded by Designer without the prior written approval of City. If the Designer’s Services are not completed within the time provided by the agreed upon performance schedule, or any milestones established therein, it is understood, acknowledged and agreed that the City will suffer damage for which the Designer will be responsible pursuant to the indemnification provision of this Agreement.

3.7.4 Excusable Delays. Any delays in Designer’s work caused by the following shall be added to the time for completion of any obligations of Designer: (1) the actions of City or its employees; (2) the actions of those in direct contractual relationship with City; (3) the actions of any governmental agency having jurisdiction over the Project; (4) the actions of any parties not within the reasonable control of the Designer; and (5) any act of God or other unforeseen occurrence not due to any fault or negligence on the part of Designer. Neither the City nor the Designer shall be liable for damages, liquidated or otherwise, to the other on account of such delays.

3.7.5 Request for Excusable Delay Credit. The Designer shall, within fifteen (15) calendar days of the beginning of any excusable delay, notify the City in writing of the causes of delay (unless City grants in writing a further period of time to file such notice prior to the date of final payment under the Agreement). City will then ascertain the facts and the extent of the delay, and grant an extension of time for completing the Services when, in its sole judgment, the findings of fact justify such an extension. The City’s findings of fact thereon shall be final and conclusive on the parties. Extensions of time shall apply only to that portion of the Services affected by the delay and shall not apply to other portions of the Services not so affected. The sole remedy of Designer for extensions of time shall be an extension of the performance time at no cost to the City. If Additional Services are required as a result of an excusable delay, the parties shall mutually agree thereto pursuant to the Additional Services provision of this Agreement. Should Attachment 3

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Designer make an application for an extension of time, Designer shall submit evidence that the insurance policies required by this Agreement remain in effect during the requested additional period of time.

3.8 Additional Designer Services.

3.8.1 Request for Services. At City’s request, Designer may be asked to perform services not otherwise included in this Agreement, not included within the basic services listed in Exhibit “A” attached hereto, and/or not customarily furnished in accordance with generally accepted design practice.

3.8.2 Definition. As used herein, “Additional Services” mean: (1) any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary for the Designer to perform at the execution of this Agreement; or (2) any work listed as Additional Services in Exhibit “A” attached hereto. Designer shall not perform, nor be compensated for, Additional Services without prior written authorization from City and without an agreement between the City and Designer as to the compensation to be paid for such services. City shall pay Designer for any approved Additional Services, pursuant to the compensation provisions herein, so long as such services are not made necessary through the fault of Designer pursuant to the indemnification provision of this Agreement.

3.8.3 Examples of Additional Services. Such Additional Services shall not include any redesign or revisions to drawings, specifications or other documents when such revisions are necessary in order to bring such documents into compliance with applicable laws, rules, regulations or codes of which Designer was aware or should have been aware pursuant to the laws and regulations provision of this Agreement above. Such Additional Services may include, but shall not be limited to:
(a) Separately Bid Portions of Project. Plan preparation and/or administration of work on portions of the Project separately bid. (b) Furniture and Interior Design. Assistance to City, if requested, for the selection of moveable furniture, equipment or articles which are not included in the Construction Documents.
(c) Fault of Contractor. Services caused by delinquency, default or insolvency of contractor, or by major defects in the work of the contractor, provided that any such services made necessary by the failure of Designer to detect and report such matters when it reasonably should have done so shall not be compensated. (d) Inconsistent Approvals or Instructions. Revisions in drawings, specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of Designer. (e) Legal Proceedings. Serving as an expert witness on City's behalf or attending legal proceedings to which the Designer is not a party. (f) Damage Repair. Supervision of repair of damages to any structure.

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(g) Extra Environmental Services. Additional work required for environmental conditions (e.g. asbestos or site conditions) not already contemplated within the Designer's services for the Project.

3.9 City Responsibilities. City’s responsibilities shall include the following:

3.9.1 Data and Information. City shall make available to Designer all necessary data and information concerning the purpose and requirements of the Project, including scheduling and budget limitations, objectives, constraints and criteria. As part of the budget limitation information, the City shall provide the Designer with a preliminary construction budget (“City’s Preliminary Construction Budget”).

3.9.2 Project Survey. If required pursuant to the scope of the Project and if requested by Designer, City shall furnish Designer with, or direct Designer to procure at City’s expense, a survey of the Project site prepared by a registered surveyor or civil engineer, any other record documents which shall indicate existing structures, land features, improvements, sewer, water, gas, electrical and utility lines, topographical information and boundary dimensions of the site, and any other such pertinent information.

3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project.

3.9.4 Testing. Retain consultant(s) to conduct chemical, mechanical, soils, geological or other tests required for proper design of the Project, and furnish such surveys, borings, test pits, and other tests as may be necessary to reveal conditions of the site which must be known to determine soil condition or to ensure the proper development of the required drawings and specifications.

3.9.5 Required Inspections and Tests. Retain consultant(s) to conduct materials testing and inspection or environmental/hazardous materials testing and inspection pursuant to any applicable laws, rules or regulations.

3.9.6 Fees of Reviewing or Licensing Agencies. Directly pay or reimburse the payment of all fees required by any reviewing or licensing agency, or other agency having approval jurisdiction over the Project.

3.9.7 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates [INSERT NAME AND TITLE], or his or her designee, as the City’s contact for the implementation of the Services hereunder. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.9.8 Review and Approved Documents. Review all documents submitted by Designer, including change orders and other matters requiring approval by the City Council or other officials. City shall advise Designer of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above.

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3.10 Compensation.

3.10.1 Designer’s Compensation for Basic Services. City shall pay to Designer, for the performance of all Services rendered under this Agreement, the total not to exceed amount of [INSERT WRITTEN AMOUNT] Dollars ($[INSERT NUMERICAL AMOUNT]) (“Total Compensation”). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit “B” and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.

3.10.2 Payment for Additional Services. At any time during the term of this Agreement, City may request that Designer perform Additional Services. As used herein, Additional Services means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Any additional work in excess of this amount must be approved by the City. If authorized, such Additional Services will be compensated at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. If City requires Designer to hire consultants to perform any Additional Services, Designer shall be compensated therefore at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. City shall have the authority to review and approve the rates of any such consultants. In addition, Designer shall be reimbursed for any expenses incurred by such consultants pursuant to the terms and conditions of Section 3.10.3.

3.10.3 Reimbursable Expenses. Reimbursable expenses are in addition to compensation for the Services and Additional Services. Designer shall not be reimbursed for any expenses unless authorized in writing by City, which approval may be evidenced by inclusion in Exhibit “C” attached hereto. Such reimbursable expenses shall include only those expenses which are reasonably and necessarily incurred by Designer in the interest of the Project. Designer shall be required to acquire prior written consent in order to obtain reimbursement for the following: (1) extraordinary transportation expenses incurred in connection with the Project; (2) out-of-town travel expenses incurred in connection with the Project; (3) fees paid for securing approval of authorities having jurisdiction over the Project; (4) bid document duplication costs in excess of $1,000; and (5) other costs, fees and expenses in excess of $1,000.

3.10.4 Payment to Designer. Designer’s compensation and reimbursable expenses shall be paid by City to Designer no more often than monthly. Such periodic payments shall be made based upon the percentage of work completed, and in accordance with the phasing and funding schedule provided in Exhibit “B” and the compensation rates indicated in Exhibit “C” attached hereto and incorporated herein by reference. In order to receive payment, Designer shall present to City an itemized statement which indicates Services performed, percentage of Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement, as well as those expenses for which reimbursement is requested for that statement period. The amount paid to Designer shall never exceed the percentage amounts authorized by the phasing and funding schedule located in Exhibit “B” attached hereto. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.

Attachment 3

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Payments made for Additional Services shall be made in installments, not more often than monthly, proportionate to the degree of completion of such services or in such other manner as the parties shall specify when such services are agreed upon, and in accordance with any authorized fee or rate schedule. In order to receive payment, Designer shall present to City an itemized statement which indicates the Additional Services performed, percentage of Additional Services completed, method for computing the amount payable, and the amount to be paid.

The statement shall describe the amount of Additional Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.

Upon cancellation or termination of this Agreement, Designer shall be compensated as set forth in the termination provision herein.

3.10.5 Withholding Payment to Designer. The City may withhold payment, in whole or in part, to the extent reasonably necessary to protect the City from claims, demands, causes of action, costs, expenses, liabilities, losses, damages, or injuries of any kind to the extent arising out of or caused by the negligence, recklessness, or willful misconduct protected under the indemnification provisions of this Agreement. Failure by City to deduct any sums from a progress payment shall not constitute a waiver of the City’s right to such sums. The City may keep any moneys which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefor, to the payment of any expenses, losses, or damages as determined by the City, incurred by the City for which Designer is liable under the Agreement or state law. Payments to the Designer for compensation and reimbursable expenses due shall not be contingent on the construction, completion or ultimate success of the Project. Payment to the Designer shall not be withheld, postponed, or made contingent upon receipt by the City of offsetting reimbursement or credit from parties not within the Designer’s reasonable control.

3.10.6 Prevailing Wages. Designer is aware of the requirements of California Labor Code Sections 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 certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Designer agrees to fully comply with and to require its consultants to fully comply with such Prevailing Wage Laws. City shall provide Designer with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

Designer shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Designer’s principal place of business and at the Project site.

Designer shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure of the Designer or its consultants to comply with the Prevailing Wage Laws. It shall be mandatory upon the Designer and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Attachment 3

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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.

3.10.7 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Designer and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Designer shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. 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.

3.10.8 Labor Compliance. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Designer’s sole responsibility to comply with all applicable registration and labor compliance requirements.

Any stop orders issued by the Department of Industrial Relations against Designer or any subcontractor that affect Designer’s performance of Services, including any delay, shall be Designer’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Designer caused delay and shall not be compensable by the City. Designer 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 Designer or any subcontractor.

3.11 Notice to Proceed.

Designer shall not proceed with performance of any Services under this Agreement unless and until the City provides a written notice to proceed.

3.12 Termination, Suspension and Abandonment.

3.12.1 Grounds for Termination; Designer’s Termination for Cause. City hereby reserves the right to suspend or abandon, at any time and for any reason, all or any portion of the Project and the construction work thereon, or to terminate this Agreement at any time with or without cause. Designer shall be provided with at least seven (7) days advanced written notice of such suspension, abandonment or termination. In the event of such suspension, abandonment or termination, Designer shall be paid for Services and reimbursable expenses rendered up to the date of such suspension, abandonment or termination, pursuant to the schedule of payments provided for in this Agreement, less any claims against or damages suffered by City as a result of the default, if any, by Designer. Designer hereby expressly waives any and all claims for damages or compensation arising under this Agreement, except as set forth herein, in the event of such suspension, abandonment or termination. Designer may terminate this Agreement for substantial breach of performance by the City such as failure to make payment to Designer as provided in this Agreement.

3.12.2 City’s Suspension of Work. If Designer’s Services are suspended by City, City may require Designer to resume such Services within ninety (90) days after written notice from City. When the Project is resumed, the Total Compensation and schedule of Services shall be equitably adjusted upon mutual agreement of the City and Designer.

3.12.3 Documents and Other Data. Upon suspension, abandonment or termination, Designer shall provide to City all preliminary studies, sketches, working drawings, specifications, computations, and all other Project Documents, as defined below, to which City Attachment 3

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would have been entitled at the completion of Designer’s Services under this Agreement. Upon payment of the amount required to be paid to Designer pursuant to the termination provisions of this Agreement, City shall have the rights, as provided in this Agreement hereinafter, to use such Project Documents prepared by or on behalf of Designer under this Agreement. Designer shall make such documents available to City upon request and without additional compensation other than as may be approved as a reimbursable expense.

3.12.4 Employment of other Designers. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.13 Ownership and Use of Documents; Confidentiality.

3.13.1 Ownership. All plans, specifications, original or reproducible transparencies of working drawings and master plans, preliminary sketches, design presentation drawings, structural computations, estimates and any other documents prepared pursuant to this Agreement, including, but not limited to, any other works of authorship fixed in any tangible medium of expression such as writings, physical drawings and data magnetically or otherwise recorded on computer diskettes (hereinafter referred to as the “Project Documents”) shall be and remain the property of City. Although the official copyright in all Project Documents shall remain with the Designer or other applicable subcontractors or consultants, the Project Documents shall be the property of City whether or not the work for which they were made is executed or completed. Within thirty (30) calendar days following completion of the Project, Designer shall provide to City copies of all Project Documents required by City. In addition, Designer shall retain copies of all Project Documents on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of reasonable duplication costs. Before destroying the Project Documents following this retention period, Designer shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.13.2 Right to Use. Designer grants to City the right to use and reuse all or part of the Project Documents, at City’s sole discretion and with no additional compensation to Designer, for the following purposes:
(a) The construction of all or part of this Project.
(b) The repair, renovation, modernization, replacement, reconstruction or expansion of this Project at any time;
(c) The construction of another project by or on behalf of the City for its ownership and use;
City is not bound by this Agreement to employ the services of Designer in the event such documents are used or reused for these purposes. City shall be able to use or reuse the Project Documents for these purposes without risk of liability to the Designer or third parties with respect to the condition of the Project Documents, and the use or reuse of the Project Documents for these purposes shall not be construed or interpreted to waive or limit City’s right to recover for latent defects or for errors or omissions of the Designer.

Any use or reuse by City of the Project Documents on any project other than this Project without employing the services of Designer shall be at City’s own risk with respect to third parties. If City uses or reuses the Project Documents on any project other than this Project, it shall remove the Attachment 3

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Designer’s seal from the Project Documents and hold harmless Designer and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Project Documents on such other project.

3.13.3 License. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify or reuse any and all Project Documents and any intellectual property rights therein. Designer shall require any and all subcontractors and consultants to agree in writing that City is granted a non-exclusive and perpetual license for the work of such subcontractors or consultants performed pursuant to this Agreement.

3.13.4 Right to License. Designer represents and warrants that Designer has the legal right to license any and all copyrights, designs and other intellectual property embodied in the Project Documents that Designer prepares or causes to be prepared pursuant to this Agreement. Designer shall indemnify and hold City harmless pursuant to the indemnification provisions of this Agreement for any breach of this Section. Designer makes no such representation and warranty in regard to previously prepared designs, plans, specifications, studies, drawings, estimates or other documents that were prepared by design professionals other than Designer and provided to Designer by City.

3.13.5 Confidentiality. All Project Documents, either created by or provided to Designer in connection with the performance of this Agreement, shall be held confidential by Designer to the extent they are not subject to disclosure pursuant to the Public Records Act. All Project Documents shall not, without the written consent of City, be used or reproduced by Designer for any purposes other than the performance of the Services. Designer shall not disclose, cause or facilitate the disclosure of the Project Documents to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Designer which is otherwise known to Designer or is generally known, or has become known, to the related industry shall be deemed confidential. Designer shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the written consent of City.

3.14 Indemnification.

3.14.1 To the fullest extent permitted by law, Designer shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Designer, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Designer’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Designer's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Designer, the City, its officials, officers, employees, agents, or volunteers.

3.14.2 To the extent required by Civil Code section 2782.8, which is fully incorporated herein, Designer’s obligations under the above indemnity shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Designer, but shall not otherwise be reduced. If Designer’s obligations to defend, indemnify, and/or hold harmless arise out of Designer’s performance of “design professional services” (as that term is defined under Civil Code section 2782.8), then upon Designer obtaining a final adjudication that Attachment 3

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liability under a claim is caused by the comparative active negligence or willful misconduct of the City, Designer’s obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Designer’s proportionate percentage of fault.

3.15 Insurance. Designer shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Designer shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.15.1 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, Designer shall, at its expense, procure and maintain in full force and effect for the duration of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Designer agrees to amend, supplement or endorse the policies to do so.

3.15.2 Additional Insured. The City of El Paso de Robles, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Designer’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

3.15.3 Commercial General Liability
(a) The Designer shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (b) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Contractors Coverage
Attachment 3

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(c) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(d) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(e) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.

3.15.4 Automobile Liability
(a) At all times during the performance of the work under this Agreement, the Designer shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(b) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(c) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status.
(d) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.

3.15.5 Workers’ Compensation/Employer’s Liability
(a) Designer certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(b) To the extent Designer has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Designer shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein.

Designer shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this Section.

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3.15.6 Professional Liability (Errors and Omissions)
(a) At all times during the performance of the work under this Agreement the Designer shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Designer. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.

3.15.7 Minimum Policy Limits Required
(a) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(b) Defense costs shall be payable in addition to the limits. (c) Requirements of specific coverage or limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.

3.15.8 Evidence Required
(a) Prior to execution of the Agreement, the Designer shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.

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3.15.9 Policy Provisions Required
(a) Designer shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Designer shall provide at least ten (10) days prior written notice of cancellation of any such policy due to nonpayment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Designer shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(b) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Designer’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(c) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Designer shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Designer shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(d) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Designer or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Designer hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (e) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Designer from liability in excess of such coverage, nor shall it limit the Designer’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.

3.15.10 Qualifying Insurers
(a) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.15.11 Additional Insurance Provisions
(a) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Designer, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise Attachment 3

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assumed by the Designer pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(b) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Designer or City will withhold amounts sufficient to pay premium from Designer payments. In the alternative, City may cancel this Agreement.
(c) The City may require the Designer to provide complete copies of all insurance policies in effect for the duration of the Project. (d) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.

3.15.12 Subconsultant Insurance Requirements
(a) Designer shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Designer, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

3.16 Records.

Designer shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Designer shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Designer shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of five (5) years from the date of final payment under this Agreement.

3.17 Standardized Manufactured Items.

Designer shall cooperate and consult with City in the use and selection of manufactured items on the Project, including but not limited to, paint, hardware, plumbing, mechanical and electrical equipment, fixtures, roofing materials and floor coverings. All such manufactured items shall be standardized to City’s criteria to the extent such criteria do not interfere with building design.

3.18 Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described herein.

Any additional or subsequent construction at the site of the Project, or at any other City site, will be covered by, and be the subject of, a separate Agreement for design services between City and the designer chosen therefor by City.

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3.19 Mediation.

Disputes arising from this Agreement may be submitted to mediation if mutually agreeable to the parties hereto. The type and process of mediation to be utilized shall be subject to the mutual agreement of the parties.

3.20 Successors and Assigns.

This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Designer shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

3.21 Asbestos Certification.

Designer shall certify to City, in writing and under penalty of perjury, that to the best of its knowledge, information and belief no asbestos-containing material or other material deemed to be hazardous by the state or federal government was specified as a building material in any construction document that the Designer prepares for the Project. Designer shall require all consultants who prepare any other documents for the Project to submit the same written certification. Designer shall also assist the City in ensuring that contractors provide City with certification, in writing and under penalty of perjury, that to the best of their knowledge, information and belief no material furnished, installed or incorporated into the Project contains asbestos or any other material deemed to be hazardous by the state or federal government.

These certifications shall be part of the final Project submittal. Designer shall include statements in its specifications that materials containing asbestos or any other material deemed to be hazardous by the state or federal government are not to be included.

3.22 No Third Party Rights.

This Agreement shall not create any rights in, or inure to the benefits of, any third party except as expressly provided herein.

3.23 Governing Law.

This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. Venue shall be in San Luis Obispo County.

3.24 Exhibits and Recitals.

All exhibits and recitals contained herein and attached hereto are material parts of this Agreement and are incorporated as if fully set forth.

3.25 Severability.

Should any provision in the Agreement be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.

3.26 Non-Waiver.

None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

Attachment 3

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3.27 Safety.

Designer shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Designer 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 its employees, consultant and subcontractors appropriate to the nature of the work and the conditions under which the work is to be performed.

3.28 Harassment Policy.

Designer shall provide a copy of the City's Harassment Policy to each of its employees assigned to perform the tasks under this Agreement. Designer shall submit to the City's Personnel Manager a statement signed by each of its employees who are assigned to perform the Services under this Agreement certifying receipt of City's Harassment Policy and certifying that they have read the Harassment Policy. A finding by the City that any of Designer's employees has harassed a City employee shall be grounds for appropriate discipline, up to and including such employee's removal from performance of this Agreement at City's request.

3.29 Delivery of Notices.

All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

CITY:

City of El Paso de Robles
1000 Spring Street
Paso Robles, CA 93446
Attn: Freda Berman, Public Works Director
CONSULTANT:
[***INSERT NAME, ADDRESS & CONTACT
PERSON***]
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.30 Time of Essence.

Time is of the essence for each and every provision of this Agreement.

3.31 City’s Right to Employ Other Consultants.

City reserves right to employ other consultants, including designers, in connection with this Project or other projects.

3.32 Prohibited Interests.

3.32.1 Solicitation. Designer maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Designer, to Attachment 3

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solicit or secure this Agreement. Further, Designer 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 Designer, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.

3.32.2 Conflict of Interest. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.33 Equal Opportunity Employment.

Designer 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 any other classification protected by federal or state law. 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.

Designer shall also comply with all relevant provisions of City’s minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.34 Labor Certification.

By its signature hereunder, Designer certifies that it 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 Services.

3.35 Subcontracting.

As specified in this Agreement, Designer shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to each and every provision of this Agreement.

3.36 Supplemental Conditions.

Any supplemental conditions shall be attached as an exhibit to this Agreement, and that exhibit shall be incorporated herein by reference.

3.37 Entire Agreement.

This Agreement, with its exhibits, contains the entire agreement of the parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the parties hereto. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. Furthermore, any modification of this Agreement shall only be effective if in writing signed by all parties hereto. [SIGNATURES ON FOLLOWING PAGE]
Attachment 3

27 (BB&K: March 2018)

SIGNATURE PAGE FOR DESIGN SERVICES AGREEMENT

BETWEEN THE CITY OF EL PASO DE ROBLES
AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF EL PASO DE ROBLES [INSERT NAME OF DESIGNER]
By: By:

Ty Lewis
City Manager Its:

Printed Name:

ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

By:

City Attorney
REVIEWED:

By:

City Project Manager
Attachment 3

1 (BB&K: March 2018)
EXHIBIT “A”
DESIGNER’S SCOPE OF SERVICES

1. GENERAL REQUIREMENTS.

1.1 Basic Services. Designer agrees to perform all the necessary professional design, engineering (e.g. mechanical, electrical, plumbing, structural, site engineering, and any other necessary engineering services mutually agreeable to the parties) for the Project in a timely and professional manner, consistent with the standards of the profession, including those provided for herein.

1.2 Exclusions from Basic Services. N/A

1.3 Additional Services. Designer shall perform the following Additional Services for the Project: N/A

1.4 Communication with City. Designer shall participate in consultations and conferences with authorized representatives of City and/or other local, regional, or state agencies concerned with the Project, which may be necessary for the completion of the Project or the development of the drawings, specifications and documents in accordance with the applicable standards and requirements of law and the City. Such consultations and conferences shall continue throughout the planning and construction of the Project and the contractor’s warranty period. Designer shall take direction only from the City’s Representative, or any other representative specifically designated by the City for this Project, including any construction manager hired by the City.

1.5 Coordination and Cooperation with Construction Manager. The City may hire a construction manager to administer and coordinate all or any part of the Project on its behalf. If the City does so, it shall provide a copy of its agreement with the construction manager so that the Designer will be fully aware of the duties and responsibilities of the construction manager.

The Designer shall cooperate with the construction manager and respond to any requests or directives authorized by the City to be made or given by the construction manager. The Designer shall request clarification from the City in writing if the Designer should have any questions regarding the authority of the construction manager.

2. INITIAL PLANNING PHASE.

During the initial planning phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

2.1 Project Feasibility. Provide advice and assistance to City in determining the feasibility of the Project, analysis of the type and quality of materials and construction to be selected, the site location, and other initial planning matters.

2.2 Meeting Budget and Project Goals. Designer is responsible to develop a budget estimate for the project. If, during the design process the estimate changes, Designer shall notify the City in writing. Designer shall use its best judgment in determining the balance between the size, type and quality of construction to achieve a satisfactory solution within the Project’s budget and construction allowance. As discussed herein, if the lowest responsive and responsible bid for the Project exceeds the budget by the stated amount, Designer may be required to make the Attachment 3

2 (BB&K: March 2018)
necessary changes in the drawing and specifications, at its sole cost and expense, to bring the bids within the required budget.

2.3 Permits, Approvals and Authorizations. As indicated in the Agreement, Designer shall assist City in securing easements, encroachment permits, rights of way, dedications, infrastructures and road improvements, as well as coordinating with utilities and adjacent property owners.

3. SCHEMATIC PLAN PHASE.

During the schematic plan phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

3.1 Funding Documents. Designer shall provide a site plan and all other Projectrelated information necessary and required for an application by City to any federal, state, regional, or local agencies for funds to finance the construction Project.

3.2 Schematic Plans. In cooperation with City, Designer shall prepare preliminary plans and studies, schematic drawings, site utilization plans, and phasing plans showing the scale and relationship of the components of the Project, the plot plan development at the site, and the proposed design concept of the buildings (“Schematic Plans”). Designer shall incorporate the functional requirements of City into the Schematic Plans. The Schematic Plans shall meet all laws, rules and regulations of the State of California. The Schematic Plans shall show all rooms incorporated in each building of the Project in single-line drawings, and shall include all revisions required by City or by any federal, state, regional or local agency having jurisdiction over the Project. All design drawings for the Project shall be in a form suitable for reproduction.

3.3 Preliminary Project Budget. Designer shall use its own expertise and experience with the Project to establish a preliminary project budget or allowance in a format required by City (“Designer’s Preliminary Project Budget”). The purpose of the Designer’s Preliminary Project Budget is to show the probable Project cost in relation to the construction standards of any applicable funding agency. If Designer perceives site considerations which render the Project expensive or cost prohibitive, Designer shall disclose such conditions in writing to City immediately. As discussed herein, if the lowest responsive and responsible bid for the Project exceeds the budget by more than the stated amount, Designer may be required to make the necessary changes in the drawings and specifications, at its sole cost and expense, to bring the bids within the required budget Designer shall provide a preliminary written time schedule for the performance of all construction work on the Project.

3.4 Copies of Schematic Plans and Other Documents. Designer, at its own expense, shall provide a complete set of the Schematic Plans described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.

4. DESIGN DEVELOPMENT PHASE.

During the design development phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

4.1 Design Development Documents. Once City provides Designer with specific written approval of the Schematic Plans described herein, Designer shall prepare design Attachment 3

3 (BB&K: March 2018)
development documents consisting of: (1) site and floor plans; (2) elevations; and (3) any other drawings and documents sufficient to fix and describe the types and makeup of materials, as well as the size and character of the Project’s structural, mechanical and electrical systems, and to outline the Project specifications (“Design Development Documents”). The Design Development Documents shall be prepared in sufficient form to present to the City Council for approval.

4.2 Copies of Design Development and Other Documents. Designer, at its own expense, shall provide a complete set of the Design Development Documents described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.

4.3 Updated Project Budget. Designer shall use its Preliminary Project Budget and expertise and experience with the Project to establish an updated estimate of probable construction costs, containing detail consistent with the Design Development Documents as set forth herein and containing a breakdown based on types of materials and specifications identified herein (“Designer’s Updated Project Budget”).

4.4 Timetable. Designer shall provide a written timetable for full and adequate completion of the Project to City.

4.5 Application for Approvals. Designer shall assist City in applying for and obtaining required approvals from all federal, state, regional or local agencies concerned with the Project. Designer shall furnish and process all design and engineering information required to prepare and process applications to applicable utilities in order to secure priorities and materials, to aid in the construction of the Project and to obtain final Project approval and acceptance by any of the above agencies as may be required.

4.6 Color and Other Aesthetic Issues. Designer shall provide, for City’s review and approval, a preliminary schedule of all color materials and selections of textures, finishes and other matters involving an aesthetic decision about the Project.

5. FINAL WORKING DRAWINGS AND SPECIFICATIONS.

During the final working drawings and specifications phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

5.1 Final Working Drawings and Specifications. Once City provides Designer with specific written approval of the Design Development Documents described herein, Designer shall prepare such complete working drawings and specifications as are necessary for developing complete bids and for properly executing the Project work in an efficient and thorough manner (“Final Working Drawings and Specifications”). Such Final Working Drawings and Specifications shall be developed from the Schematic Plans and Design Development Documents approved by City. The Final Working Drawings and Specifications shall set forth in detail all of the following:
(1) the Project construction work to be done; (2) the materials, workmanship, finishes, and equipment required for the architectural, structural, mechanical, and electrical systems; and (3) the utility service connection equipment and site work. As indicated in Section 3.9.2 of the Agreement, City may be requested to supply Designer with the necessary information to determine the proper location of all improvements on and off site, including record drawings (“asbuilt drawings”) in City’s possession. Designer will make a good-faith effort to verify the accuracy of such information by means of a thorough interior and exterior visual survey of site conditions.

Attachment 3

4 (BB&K: March 2018)
City shall also make a good-faith effort to verify the accuracy of the as-built drawings and provide any supplemental information to Designer which may not be shown on the as-built drawings.

5.2 Form. The Final Working Drawings and Specifications must be in such form as will enable Designer and City to secure the required permits and approvals from all federal, state, regional or local agencies concerned with the Project. In addition, the Final Working Drawings and Specifications must be in such form as will enable City to obtain, by competitive bidding, a responsible and responsive bid within the applicable budgetary limitations and cost standards.

The Final Working Drawings and Specifications shall be clear and legible so that uniform copies may be on standard architectural size paper, properly indexed and numbered, and shall be capable of being clearly copied and assembled in a professional manner by Designer.

5.3 Approval and Revisions. City shall review, study, and check the Final Working Drawings and Specifications presented to it by Designer, and request any necessary revisions or obtain any necessary approvals by the City Council, subject to the approval of all federal, state, regional or local agencies concerned with the Project. Designer shall make all City-requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications at no additional cost, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Designer’s professional judgment. Designer shall bring any such conflicts and/or inconsistencies to the attention of City. The parties agree that Designer, and not the City, possesses the requisite expertise to determine the constructability of the Final Working Drawings and Specifications.

However, the City reserves the right to conduct one or more constructability review processes with the Final Working Drawings and Specifications, and to hire an independent designer or other consultant to perform such reviews. Any such independent constructability review shall be at City’s expense. Designer shall make all City-requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications which may result from any constructability review, at no additional cost to the City, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Designer’s professional judgment. If such changes, additions, deletions or corrections are inconsistent with prior City direction, Designer shall make such alterations and be compensated therefore pursuant to the Additional Services provision of this Agreement.

5.4 Costs of Construction. It is understood by Designer that should the Final Working Drawings and Specifications be ordered by City, City shall specify the sum of money set aside to cover the total cost of construction of the work, exclusive of Designer’s fees. Should it become evident that the total construction cost will exceed the specified sum, Designer shall at once present a statement in writing to the City’s Representative setting forth this fact and giving a full statement of the cost estimates on which the conclusion is based.

5.5 Copies of Final Working Drawings and Specifications and Other Documents.

Designer, at its own expense, shall provide a complete set of the Final Working Drawings and Specifications described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.

6. CONSTRUCTION CONTRACT DOCUMENTS.

During the construction contract documents phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

Attachment 3

5 (BB&K: March 2018)

6.1 Bid and Contract Documents. If so required by City, Designer shall assist City in the completion of all bid and construction documents, including but not limited to, the Notice Inviting Bids, Instructions to Bidders, Contract Bid Forms (including Alternate Bids as requested by City), Contract, General Conditions, Supplementary General Conditions, Special Conditions, DVBE and other applicable affirmative action documents, Performance Bond, Payment Bond, Escrow Agreement for Security Deposits, and any other certifications and documents required by federal, state and local laws, rules and regulations which may be reasonably required in order to obtain bids responsive to the specifications and drawings. All such documents shall be subject to the approval of City and City’s legal counsel.

6.2 Final Estimate. At the time of delivery of these bid and construction documents, which shall include the Final Working Drawings and Specifications (collectively referred to herein as the “Construction Documents”), Designer shall provide City with its final estimate of probable construction cost (“Designer’s Final Estimate”). As discussed herein, including in Section 7.3, it shall be the Designer’s duty to design the Project within budget.

Attachment 3

1 (BB&K: March 2018)
EXHIBIT “B”

FEE AND PHASING/FUNDING SCHEDULES

1. FEE SCHEDULE.

The estimated Total Compensation shall be inserted in Section 3.10.1 of the Agreement. For periodic payment purposes, this amount may be adjusted upon mutual agreement of the City and Designer according to the Designer’s Preliminary Project Budget, the Designer’s Updated Project Budget and the Designer’s Final Estimate.

2. PHASING/FUNDING SCHEDULE.

Progress payments towards Total Compensation shall never exceed the following percentages of Total Compensation as of the phase indicated:

Initial Planning Phase: ________ percent (%____)
Schematic Plan Phase: ________ percent (%____)
Design Development Phase: ________ percent (%____)
Final Working Drawings & Specifications Phase: ________ percent (%____) Construction Contract Documents Phase: ________ percent (%____) Attachment 3

EXHIBIT “C”

COMPENSATION RATES AND REIMBURSABLE EXPENSES

1. HOURLY COMPENSATION RATES.
[INSERT DESIGNER’S HOURLY RATES]

2. REIMBURSABLE EXPENSES.
[INSERT AUTHORIZED REIMBURSABLE EXPENSES]

3. ADDITIONAL SERVICES.

Additional Services shall be computed at the actual hourly rates listed above.

4. ADDITIONAL CONSULTANTS.

If City requires Designer to hire consultants to perform any Additional Services, Designer shall be compensated therefore at the Designer’s actual hourly rates plus [INSERT AMOUNT OR PERCENTAGE]. Owner shall have the authority to review and approve the rates of any such consultants.

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Attachment 6
RESOLUTION 24-XXX

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

AWARDING PARK DESIGN AND ENVIRONMENTAL SERVICES CONTRACTS FOR

LARRY MOORE PARK REDEVELOPMENT
WHEREAS, Larry Moore Park was developed in the 1980s as part of the Riverbank development and included in the Paso Robles Landscape and Lighting Maintenance District; and WHEREAS, the park was accepted into the City park system in 2016; and WHEREAS, data maintained by the Community Services Department indicates that the need for youth baseball fields and soccer fields exceeds available inventory and currently the City lacks three baseball diamonds and two youth soccer fields based on population size; and WHEREAS, the City circulated an invitation to submit proposals for design services for Larry Moore Park Redevelopment; and
WHEREAS, seven firms submitted proposals of which two were interviewed by a panel consisting of members of youth sports organization, Parks and Recreation Advisory Committee and City staff; and WHEREAS, the panel is recommending David Volz Design be retained to provide the requested design services; and
WHEREAS, the City Council 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, since the recommended action is to award two contracts only associated with environmental and design services and will not result in a direct or reasonably foreseeable indirect physical change in the environment. Full environmental review pursuant to the California Environmental Quality Act is required and SWCA Environmental Consultants is recommended to be retained for this scope of work.

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 awards a contract in the amount of $707,498.00 for landscape architecture design services for Larry Moore Park Redevelopment to David Volz Design and authorizes the City Manager to execute the Agreement, subject to any minor, technical, or nonsubstantive changes as approved by the City Manager and City Attorney.

Section 3. The City Council hereby awards a contract in the amount of $144,042.86 for environmental services for Larry Moore Park Redevelopment to SWCA Environmental Consultants and authorizes the City Manager to execute the Agreement, subject to any minor, technical, or non-substantive changes as approved by the City Manager and City Attorney.

Section 4. Funds for the Larry Moore Redevelopment Project are to be allocated from the proceeds from the sale of a portion of Pioneer Park and Parks and Recreation Facilities Development Fees.

APPROVED this 2
nd day of April, 2024, by the following vote:

Attachment 6
AYES:

NOES:

ABSENT:

ABSTAIN:

John R. Hamon, Jr., Mayor
ATTEST:

Melissa Boyer, City Clerk

Council Agenda Report
From: Ty Lewis, City Manager
Subject: City Council Position on the Local Roads First Transportation Tax Measure: Adoption of Resolution in Support or Opposition to the Measure
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: April 2, 2024
Facts

1. San Luis Obispo Council of Governments (SLOCOG) is an association of local governments in San Luis Obispo County, which is made up of seven cities, including the City of Paso Robles, and is the federaldesignated Metropolitan Planning Organization (MPO), the state-designated Regional Transportation Planning Agency (RTPA), the Service Authority for Freeways and Expressways (SAFE), the Census Data Affiliate (CDA), and the Regional Ridesharing Program for the San Luis Obispo Region.

2. SLOCOG is considering placing a half-cent, countywide transportation sales tax measure on the November 2024 ballot. If placed on the ballot, the Measure requires the approval of two-thirds of countywide voters to pass.

3. The Measure is proposed to sunset after 20 years. Funding from the Measure is proposed to be allocated to transportation projects across the County and is estimated to generate $700 million over that time based on the Draft Implementation Plan (Attachment 1).

4. The Draft Implementation Plan indicates the City of Paso Robles will receive approximately $52 million in local project funding over the 20-year life of the Measure. Of the $52 million, $30 million is proposed to be allocated to local road repair projects. The remaining balance is earmarked for projects predominantly on State Route 46 and US 101.

5. The Draft Implementation Plan indicates the “North County” region (which includes the City of Paso Robles, City of Atascadero, and Unincorporated County Areas such as Templeton, Shandon, etc.) will receive approximately $84 million for regional projects over the 20-year life of the Measure; this is separate from the local project funding.

6. SLOCOG has conducted polling of likely voters within the County; between 59%-63% of respondents indicated support for a transportation measure.

Options

1. Take no action;

2. Approve Resolution in Opposition of the Local Roads First Transportation Tax Measure; or

3. Approve Resolution in Support of the Local Roads First Transportation Tax Measure; or

4. Provide alternative direction to staff.

Analysis and Conclusions
Over the past year, the San Luis Obispo Council of Governments (SLOCOG) staff and board have been analyzing and evaluating the potential placement of a half-cent transportation sales tax measure on the November 2024 ballot to fund transportation projects across the County. Funding from the proposed Measure is to be used for transportation purposes only, therefore it is considered a special tax and requires 2/3rds approval from voters countywide. The proposed “Local Roads First” Tax Measure is estimated to generate $35 million annually (unadjusted for inflation) and includes a 20-year sunset clause.

Of the $35 million, SLOCOG indicates one percent of the annual funding will be allocated for administrative purposes, with the balance of the funding earmarked for specific transportation projects. According to SLOCOG staff (see Attachment 3), the Measure, if approved, will give the County the “Self Help” designation, whereby the region will become eligible for certain state and federal funds that are not currently accessible because the County does not have a dedicated transportation sales tax.

Draft Local Road Repair & Transportation Safety Investment Plan A companion to the proposed Measure is the Draft Investment Plan (Attachment 1). The plan allocates funding to four “subregions” within the County, based on population. The City of Paso Robles is included in the North County subregion. Within each subregion, 66 percent of the funding is proposed to be provided directly to cities (and unincorporated areas) for local road repairs, state route improvements, bike and pedestrian enhancements and transit services. The balance of the funding in each subregion is earmarked for regional projects. The regional project funding “bucket” is not provided directly to cities and is not controlled by cities. Furthermore, the regional project “bucket” is competitive in nature per SLOCOG staff, meaning that there is no guarantee that the funding amounts listed within that section will go toward a specific project.

Over 20 years, the North County subregion is estimated to receive $246 million. This amount is broken out into two buckets – the Local Area Investments and Regional Projects. Within each bucket, there are multiple projects listed with specific funding allocations for each project. The City of Paso Robles is estimated to receive $52 million directly for Local Area Investments. Of that $52 million, $30 million is earmarked for road repairs. The balance of the funding is earmarked for various Community Road Safety and Congestion Improvement Projects. According to SLOCOG staff, these projects were identified during their community engagement and focus group sessions.

The following table is the proposed projects and funding amounts for the Local Area Investment for the City of Paso Robles:

PASO ROBLES $52 M
 Road Repairs to Union Road, Paso Robles St, Creston Rd, Niblick Rd, Spring St, Commerce
$30 M
 Community Road Safety & Congestion Improvements
o US 101 corridor congestion/safety improvements to overcrossings, intersections, interchanges, signalization, ramps, parallel routes  Highway 46E (US 101 to Jardine Rd.) safety
improvements/Union Overcrossing
 Salinas River Trail & Eastside “Grand Loop” bikeway
 US 101 / Highway 46W interchange improvements
o Safe Routes to School
o Public Transit for Seniors, Person with Disabilities, and Veterans $22 M

Conditions of local streets and repairing of local roads is one of the top priorities of the City Council and residents. Over 20 years, the City is projected to receive $30 million for road repairs from the proposed measure. This equates to approximately $1.5 million annually. In comparison, Measure E-12, the City’s locally controlled half-cent sales tax measure generates approximately $120 million over 20 years or approximately $6 million annually. 100 percent of the Measure E-12 funding is earmarked for local road repairs.

Proposed SLOCOG Measure Measure E-12
Road Repair Funding (Annual) $1,500,000 $6,000,000
The City will also receive approximately $22 million for “Community Road Safety and Congestion Improvement Projects”, which are earmarked for specific projects (mostly on state-owned routes) and not eligible to be used for local road repair.

In addition to the local funding element of the plan, the North County regional project bucket includes the following projects and funding amounts:

As noted previously the regional project “bucket” is competitive in nature per SLOCOG staff, meaning that there is no guarantee that the funding amounts listed within that section will go toward a specific project.

Additionally, SLOCOG staff has indicated that funding generated by the Measure must be allocated to projects specifically identified within the plan. As written, the plan identifies segments of roads eligible for repair funding that are already funded through local dollars or where construction is underway. If the City Council desires to support the Measure, it is recommended that changes be made to investment plan to increase flexibility for the road repair funding to reflect the actual needs within Paso Robles.

Funding Allocation Methodology
The proposed implementation plan allocates funding based on population. The City of Paso Robles makes up approximately 10.9 percent of the countywide population. However, due to the City’s robust tourist economy, local economic vitality, and pro-development leadership, businesses within the City account for nearly 20 percent of all points of sale across the County. In addition, the number of businesses within the City makes up 15 percent of the total number of businesses within the County. The table below provides the comparison of the three data points for the City of Paso Robles, as a percentage of the countywide total for each category.

Population Point of Sales Business Count
City of Paso Robles
Share (of Countywide) 10.9% 18.9% 15%
The proposed funding allocation based on population does not reflect a proportionate share of funding returning to the City of Paso Robles over the 20-year horizon of the measure. In essence, sales tax collected for this measure within the City of Paso Robles will be subsidizing projects within other areas of the County.

Community Engagement
SLOCOG has engaged communities and prospective voters within the region over the past year. SLOCOG contracted with a polling firm to conduct a survey of prospective voters in April 2023. The Survey Summary Report is available at: https://tinyurl.com/3jaes3we. In summary, 59 percent of all respondents indicated they would support a countywide sales tax measure for transportation purposes. This falls below the 2/3rds threshold for approval. Within the North County subregion, 55.2 percent of respondents indicated support for the proposed measure. The North County subregion “yes” vote response level was the lowest of the four subregions. The survey also included an exercise to simulate proponent messaging in support of the measure. After hearing the messaging, the percentage of respondents who indicated they would support the measure increased to 63 percent, which is still below the 2/3rds approval threshold.

In addition to the polling, SLOCOG has held four focus groups, developed a web site (www.localroadsfirst.com) and deployed a public survey to gain additional insight. A summary of the focus groups is available here: https://tinyurl.com/yekk29fu.

Timeline and Next Steps
According to the SLOCOG presentation provided to the City Council on March 19, 2024 (Attachment 2), the SLOCOG Board will be reviewing the Draft Implementation Plan on May 1, 2024, and will determine whether to place the measure on the November 2024 ballot by May 29, 2024. SLOCOG is requesting all cities provide comment on the draft implementation plan immediately, with the intent to return to the cities in May to gain final approval of the implementation plan.

Based on City Council feedback and direction during the March 19, 2024 meeting, staff has prepared two resolutions for potential council action. One resolution provides the option for the City Council to oppose the Local Roads First Measure (Attachment 5). The other resolution provides the option for the City Council to support the measure (Attachment 4).

Should the City Council choose to approve the resolution in opposition to the measure, there is no need for City staff and Council to submit comments on the implementation plan to SLOCOG. City staff will transmit a copy of the resolution to SLOCOG staff.

Should the City Council choose to approve the resolution in support of the measure, staff recommends bringing back an item at the April 16, 2024, City Council meeting to discuss changes to the implementation plan. The intent of this item would be to discuss and summarize all necessary comments to the implementation plan and submit those comments to SLOCOG staff along with the resolution.

Fiscal Impact
There is no direct fiscal impact by taking a position on the Local Roads First Measure. However, should the measure be placed on the ballot and approved by voters, the City is expected to receive $52 million

in transportation funding over a 20 year period. The sales tax rate within the City of Paso Robles will increase by ½ cents for taxable goods.

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

Recommendation
Staff is seeking City Council direction on this matter.

Attachments

1. Draft Implementation Plan

2. SLOCOG Presentation from March 19, 2024

3. SLOCOG Staff Report from February 7, 2024

4. Resolution 24-XXX Formally Supporting the Proposed Local Roads First Transportation Tax Measure

5. Resolution 24-XXX Formally Opposing the Proposed Local Roads First Transportation Tax Measure

LOCAL ROADS FIRST

SLO COUNTY & CITIES
Local Road Repair & Transportation Safety Investment Plan Summary Draft 3-5-24

LOCAL ROAD REPAIR
& TRANSPORTATION SAFETY

INVESTMENT PLAN SUMMARY
$700 M
Funded by a proposed half-cent sales tax, requiring twothirds voter-approval. Twenty-five counties throughout California have passed similar measures, choosing
to fund transportation projects and infrastructure
improvements within their local communities. These
measures ensure that all funds raised stay local and
cannot be stolen by Sacramento. Enacting such a
measure would also return a fair-share of State and
Federal funds to San Luis Obispo County by qualifying
the region for an additional $900 million in competitive grants.
20 YEARS
If placed on the ballot and approved by voters, the
proposed measure would ensure a dedicated, reliable
source of funding to address road repair and critical
safety needs for the next 20 years.

Total funding distributed by subregion
based on population, over 20 years
$100M, 14%
North Coast
Morro Bay,
Cambria,
Cayucos,
Los Osos
$154M, 22%
Central County
San Luis Obispo,
Avila Beach
$246M, 35%
North County
Atascadero, Paso Robles,
San Miguel, Creston, Santa
Margarita, Shandon,
Templeton
$200M, 29%
South County
Arroyo Grande, Grover
Beach, Pismo Beach,
Nipomo, Oceano 1
includes 1% maximum administration fee,
unescalated for inflation
1 Attachment 1

LOCAL ROADS FIRST

SLO COUNTY & CITIES
Local Road Repair & Transportation Safety Investment Plan Summary Draft 3-5-24
$162 M
66%
$84 M
34%

NORTH COUNTY PROJECTS
$246 M
Local Projects - 66% $162 M
Atascadero $49 M
• Road Repairs to El Camino Real, Traffic Way, Santa Lucia Road, & San Gabriel Road $30 M • Community Road Safety & Congestion Improvements
° US 101 corridor congestion/safety improvements to overcrossings, intersections, interchanges, signalization, ramps, parallel routes (San Anselmo Avenue and Santa Rosa Road) ° Local Road Safety Improvements, bridges, guardrails, road widening, pavement edge improvements
° Safe Routes to School and trail & walkway connectivity ° Public Transit for Seniors, Persons with Disabilities, and Veterans $19 M
Paso Robles $52 M
• Road Repairs to Union Road, Paso Robles St., Creston Rd, Niblick Rd, Spring St, Commerce $30 M • Community Road Safety & Congestion Improvements
° US 101 corridor congestion/safety improvements to overcrossings, intersections, interchanges, signalization, ramps, parallel routes
- Highway 46E (US 101 to Jardine Rd.) safety improvements / Union Overcrossing - Salinas River Trail & Eastside “Grand Loop” bikeway
- US 101 / Highway 46W interchange improvements
° Safe Routes to School
° Public Transit for Seniors, Persons with Disabilities, and Veterans $22 M
Local Projects
Regional Projects Atascadero
Paso Robles
San Miguel
Creston
Santa Margarita
Shandon
Templeton
Other/Unincorp.

Regional Road Safety
Mobility for All
$80 M
$70 M
$60 M
$50 M
$40 M
$30 M
$20 M
$10 M
Attachment 1

LOCAL ROADS FIRST

SLO COUNTY & CITIES
Local Road Repair & Transportation Safety Investment Plan Summary Draft 3-5-24

NORTH COUNTY PROJECTS
San Miguel
• Road Repairs and Safety Improvements to Mission St. Sidewalks $9 M
Creston
• Safety improvements to Highway 41/Creston/La Panza intersection $2 M
Santa Margarita/Garden Farms
• Downtown Safety Improvements to Highway 58
• Road Repairs and Safety Improvements
$6 M
Shandon
• Centre Street safety and revitalization
• Road Repairs, Paving, and Safety Improvements
$5 M
Templeton
• Road Repairs and Safety Improvements (Vineyard Dr. and others) • Local Interchange improvements
$21 M
Other/Unincorporated $18 M
• Road Repairs and Safety Improvements for all North County Unincorporated areas $6 M • Community Road Safety & Congestion Improvements
° US 101 corridor congestion/safety improvements to overcrossings, intersections, interchanges, signalization, ramps, parallel routes
° Safe Routes to School
° Public Transit for Seniors, Persons with Disabilities, and Veterans $12 M
Regional Projects - 34% $84 M
Regional Road Safety Improvements
• Highway 46E (US 101 to Jardine Rd.) safety improvements, including Union Road intersection $30 M • North County US 101 Regional Safety Corridor Improvements ° At US 101 Northbound off-ramp to Highway 46E
° Between Cuesta Grade and San Miguel, to address safety, mobility, and congestion issues (i.e. lanes, interchanges, crossings, ramps, bus, vanpool, parallel routes) $37 M
Mobility for All $17 M
• Public Transit for Seniors, Persons with Disabilities, and Veterans $7 M • Active Transportation (Bicycle & Pedestrian)
° Templeton, Vineyard Drive improvements
° Salinas River/N. Anza Trail corridor
° Paso Robles River Trail/Grand Loop trail
° Atascadero Westside corridor
$10M
*Dollar amounts shown in millions (M) reflect estimates from a half-cent sales tax generating $35M/year TOTAL $246 M for 20 years, unescaleted for inflation. Actual dollar amounts may fluctuate based on local retail sales and inflation, but distributions are guaranteed as a relative percentage of total funds collected.

Attachment 1

LOCAL ROADS FIRST

SLO COUNTY & CITIES
Local Road Repair & Transportation Safety Investment Plan Summary Draft 3-5-24
$132 M
66%
$68 M
34%

SOUTH COUNTY PROJECTS
$200 M
Local Projects - 66% $132 M
Arroyo Grande $33 M
• Road Repairs to Grand, N. Oak Park, E. Branch, W. Branch, James Way, El Camino Real, Traffic Way $29 M • Community Road Safety & Congestion Improvements
° US 101 corridor congestion/safety improvements to over/undercrossings, intersections, interchanges, signalization, ramps, parallel routes in the Five Cities area ° Safe Routes to School
° Public Transit for Seniors, Persons with Disabilities, and Veterans $4 M
Grover Beach $24 M
• Road Repairs on Grand, Oak Park, 4th, El Camino Real, Farroll, The Pike, and other local streets $22 M • Community Road Safety & Congestion Improvements
° Intersection improvements
° Safe Routes to School
° Public Transit for Seniors, Persons with Disabilities, and Veterans $2 M
Pismo Beach $16 M
• Road Repairs to Bello, Cypress, 4th, Five Cities, Price Canyon Rd., Hines $8 M Local Projects
Regional Projects Arroyo Grande
Grover Beach
Pismo Beach
Nipomo
Oceano
Other/Unincorp.

Regional Road Safety
Mobility for All
$50 M
$40 M
$30 M
$20 M
$10 M
Attachment 1