CITY OF EL PASO DE ROBLES
"The Pass of the Oaks"
City Council Regular Meeting Agenda
Tuesday, June 4, 2024, 5:30 PM
Tuesday, June 4, 2024, 6:30 PM
Library/Conference Center Council Chamber
1000 Spring Street
Paso Robles, CA 93446
Residents can livestream the meeting at www.prcity.com/youtube, and call (805)865-7276 to provide public comment via phone. The phone line will open just prior to the start of the meeting and remain open throughout the meeting to ensure the opportunity to comment on each item heard by the Council, other than brief reports and announcements by staff or the Council.
Written public comments can be submitted via email to [email protected] prior to 12:00 noon on the day of the Council meeting to be posted as an addendum to the Agenda. If submitting written comments in advance of the meeting, please note the agenda item by number or name. City Council meetings will be livestreamed during the meeting and also available to play later on YouTube by accessing the following link: www.prcity.com/youtube. Any writing or document pertaining to an open session item on this agenda which is distributed to a majority of the City Council after the posting of this agenda will be available for public inspection at the time the subject writing or document is distributed. The writing or document will be available for public review in the City Clerk’s Office, 1000 Spring Street, Paso Robles, CA, during normal business hours, and may be posted on the City’s web site at www.prcity.com/meetings.
AMERICANS WITH DISABILITIES ACT Any individual, who because of a disability needs special assistance to attend or participate in this meeting, may request assistance by contacting the City Clerk’s Office (805) 237- 3960. Whenever possible, requests should be made four (4) working days in advance of the meeting.
Pages
A. 5:30 PM CALL TO ORDER
B. ROLL CALL
Councilmember Bausch, Councilmember Gregory, Councilmember Roden, Councilmember Strong, Mayor Hamon
C. CLOSED SESSION ITEMS
1. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION
(Gov. Code, § 54956.9(d)(1))
Name of Case: John Borst v. City of El Paso De Robles, a California general law city; and Does 1 through 10
Case Number: 23CVP-0156
D. PUBLIC COMMENT REGARDING CLOSED SESSION MATTERS
E. ADJOURN TO CLOSED SESSION
F. 6:30 PM RECONVENE TO OPEN SESSION
G. PLEDGE OF ALLEGIANCE
H. INVOCATION
City Council Agenda June 4, 2024
Pastor Pat Sheean, Family Worship Center
I. ROLL CALL
Councilmember Bausch, Councilmember Gregory, Councilmember Roden, Councilmember Strong, Mayor Hamon
J. STAFF INTRODUCTIONS
K. REPORT FROM CLOSED SESSION
L. PRESENTATIONS
1. Hunger Awareness Day Proclamation 8 - 8
John R. Hamon, Jr., Mayor
2. Amateur Radio Week Proclamation 9 - 9
John R. Hamon, Jr., Mayor
3. Capital Projects Report
Ditas Esperanza, Capital Projects Engineer
David LaCaro, Public Works Operations Manager
Freda Berman, Public Works Director
4. Point in Time Presentation: San Luis Obispo County Homeless Services Kari Howell, SLO County Homeless Services Division Program Manager M. GENERAL PUBLIC COMMENTS
This is the time the public may address the Council on items within the Council’s purview but not scheduled on the agenda. All persons desiring to speak on an agenda item are asked to fill out Speaker Information Cards and give them to the City Clerk prior speaking. Each individual speaker will be limited to a presentation total of three (3) minutes per item. Those persons wishing to speak on any item scheduled on the agenda will be given an opportunity to do so at the time that item is being considered.
State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code sec. 54954.2).
N. AGENDA ITEMS TO BE DEFERRED
O. OVERVIEW OF ITEMS ON CONSENT CALENDAR
P. CONSENT CALENDAR
ITEMS ON THE CONSENT CALENDAR ARE CONSIDERED ROUTINE, NOT REQUIRING SEPARATE DISCUSSION. However, if discussion is wanted by a member of the Council or public the item may be removed from the Consent Calendar and considered separately.
Councilmembers and members of the public may offer comments or ask questions of clarification without removing an item from the Calendar. Individual items are approved by the vote that approves the Consent Calendar unless an item is pulled for separate consideration. Items pulled from consent will be heard at the end of the meeting.
1. Approval of May 16, 2024 City Council Meeting Minutes 10 - 12 Melissa Boyer, City Clerk
2. Approval of May 21, 2024 Special City Council Meeting Minutes 13 - 14 Melissa Boyer, City Clerk
3. Approval of May 21, 2024 City Council Meeting Minutes 15 - 19 City Council Agenda June 4, 2024 Page 2 of 7
Melissa Boyer, City Clerk
4. Approval of May 29, 2024 City Council Special Meeting Minutes 20 - 21 Melissa Boyer, City Clerk
5. Receipt of Advisory Body Minutes 22 - 29
Melissa Boyer, City Clerk
Supplemental Sales Tax Oversight Committee - February 21, 2024 Parks and Recreation Advisory Body - April 8, 2024
Senior Citizen Advisory Committee - April 8, 2024
Youth Commission - April 10, 2024
6. Direction to Staff to Perform a Biennial Review of the City’s Conflict of Interest Code 30 - 39 Melissa Boyer, City Clerk
CEQA Determination: The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.
Recommendation: Direct staff to make a formal review of the City’s Conflict of Interest Code, pursuant to the Political Reform Act.
7. Receipt of Warrant Register 40 - 92
Ryan Cornell, Administrative Services Director
8. Approval of Declaration of Public Nuisances Relating to Weed Abatement and Setting a Public Hearing
93 - 105
Paul Patti, Battalion Chief/Fire Marshal
CEQA Determination: The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.
Recommendation: Approve Resolution 24-XXX, declaring the properties described in Exhibit A to the resolution as public nuisances in violation of Paso Robles Municipal Code 16.10; and direct the Fire Marshal to post on the property or provide written notice to the property owners of each property identified in Exhibit A of the public hearing to be conducted by the City Council on June 18, 2024.
9. Approval of the Award the Construction Contract and Construction Management Services Contract for the Crestline and Fairview Waterline Upgrades and Repairs 106 - 121
Ditas Esperanza, Capital Projects Engineer
CEQA Determination: The City finds that this action is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 1 exemption, which applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing structures, facilities, mechanical equipment, or topographical features where the project involves negligible or no expansion of existing or former use (State CEQA Guidelines, § 15301).
Recommendation: Approve Resolution 24-XXX, deeming that the bid protest submitted by Raminha Construction is without merit, and waive the immaterial deviations in RCH Construction’s bid; authorize the City Manager to enter into a construction contract to upgrade and repair the water mains within the Crestline and Fairview neighborhood to RCH Construction in the amount of $742,361; and a construction management services contract to Cannon in the amount of $146,340.
10. Approval of a Resolution Approving the Allocation of Senate Bill 1 Funds for Fiscal Year 2024-25
122 - 128
Ditas Esperanza, Capital Projects Engineer
City Council Agenda June 4, 2024 Page 3 of 7
CEQA Determination: The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15061, subd. (b)(2)-(3), and 15378, subd. (b)(2) and (b)(5).
Recommendation: Approve Resolution 24–XXX, identifying FY 2024-25 allocation of SB 1 funds for completion of the roads identified on Exhibit A and listed above to be completed using the City’s full allocation of $802,627 in FY 2024-25 SB 1 funds.
11. Approval of Design and Installation of Streetlights at the Proposed Future Roundabout at Creston Road and Rolling Hills
129 - 132
Ditas Esperanza, Capital Projects Engineer
CEQA Determination: On July 25, 2018, the Community Development Department adopted the Mitigated Negative Declaration for the project and found that the Project would not have a significant effect on the environment after mitigation consistent with City’s adopted Local CEQA Guidelines.
Recommendation: Approve Resolution No. 24-XXX, authorizing the payment to PG&E to design and install service connections to provide power to the streetlights for the proposed roundabout at Creston Road and Rolling Hills.
12. Approval of an Agreement with GHD, Inc. to prepare Plans, Specifications, and Estimates (PS&E) for the Roundabouts at U.S. Highway 101 and State Route 46 West Interchange
133 - 136
Ditas Esperanza, Capital Projects Engineer
CEQA Determination: In 2009, Caltrans adopted an Initial Study Mitigated Negative Declaration (IS/MND) and Environmental Assessment (EA) with Findings of No Significant Impacts (FONSI). In May 2023, Caltrans completed an update of the 2009 IS/MND and new technical studies were performed which led to the adoption of an updated IS/MND.
Recommendation: Approve Resolution 24-XXX, authorizing the City Manager to enter into an agreement with GHD, Inc. to prepare Plans, Specifications, and Estimates (PS&E) for the roundabouts at U.S. Highway 101 and State Route 46 West interchange, in the amount of $2,292,926.
13. Approval of a Construction Contract to Cen-Cal Construction for the Elm Court and Palm Court Road Repair Project
137 - 143
Kevin Wells, Assistant Capital Projects Manager
CEQA Determination: The City finds that this action is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 1 exemption, which applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing structures, facilities, mechanical equipment, or topographical features where the project involves negligible or no expansion of existing or former use. (State CEQA Guidelines, § 15301).
Recommendation: Approve Resolution 24-XXX, authorizing the City Manager to award contract to Cen-Cal Construction to perform street repairs within the Elm Court and Palm Court neighborhoods in the amount of $277,777.77, and to authorize the City Manager and City Attorney to make minor, technical, or nonsubstantive changes to the contract that are consistent with the Council action.
14. Approval of an Update to the City’s ISA Certified Arborist List 144 - 157 Lori Wilson, Assistant Planner
CEQA Determination: The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.
Recommendation: Approve Resolution 24-XXX, authorizing the update to the Paso City Council Agenda June 4, 2024 Page 4 of 7
Robles ISA Certified Arborists list as presented in Exhibit A to the attached Resolution.
15. Approval of a Reimbursement Agreement to Whitaker Construction Group, Inc. to Rehabilitate Portions of Fontana Road and Linne Road
158 - 202
Dante Pecchenino, Senior Development Review Engineer
CEQA Determination: The City finds that this action is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 1 exemption, which applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing structures, facilities, mechanical equipment, or topographical features where the project involves negligible or no expansion of existing or former use (State CEQA Guidelines, § 15301).
Recommendation: Approve Resolution 24-XXX, authorizing the City Manager to enter into a reimbursement construction contract with Whitaker Construction Group, Inc., in the amount of $1,186,323, and appropriate $1,245,639 from Measure J-20 Fund reserves for rehabilitation and repair on Fontana and Linne, from Sherwood to Hanson Road.
Q. PUBLIC HEARINGS
1. Approval to Initiate the Annual Levy of Landscape & Lighting District No. 1 and Drainage Maintenance District 2008-1 for Fiscal Year 2024/25 203 - 455
Dwayne Brown, Maintenance Services Superintendent
CEQA Determination: The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378
Recommendation:
1. Approve Resolution 24-XXX (A) Amending and/or Approving the Engineer’s Annual Levy Report for the El Paso de Robles Landscape and Lighting Maintenance District No. 1 for Fiscal Year 2024/25.
2. Approve Resolution 24-XXX (B) Amending and/or Approving the Engineer’s Annual Levy Report for the El Paso de Robles Drainage Maintenance District No. 2008-1 for Fiscal Year 2024/25.
3. Approve Resolution 24-XXX (C) Ordering the Levy and Collection of Assessments within the El Paso de Robles Landscape and Lighting Maintenance District No. 1 for Fiscal Year 2024/25.
4. Approve Resolution 24-XXX (D) Ordering the Levy and Collection of Assessments within the El Paso de Robles Drainage Maintenance District No. 2008-1for Fiscal Year 2024/25.
2. Calling for and Conducting a Consolidated General Municipal Election on November 5, 2024 for the Election of Certain Officers; Approving the City Proposed Ballot Measure; Setting Priorities for the Filing of Written Arguments; and Directing the City Attor
456 - 483
Chris Huot, Assistant City Manager/ Melissa Boyer, City Clerk CEQA Determination: The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.
Recommendation:
Approve the following resolutions (by separate roll call vote):
a. Resolution 24-XXX(A) calling and giving notice of the General Municipal Election to be held on Tuesday, November 5, 2024 for the election of certain officers; City Council Agenda June 4, 2024 Page 5 of 7
b. Resolution 24-XXX(B) requesting consolidation of the General Municipal Election for City officers with Statewide General Election held on November 5, 2024;
c. Resolution 24-XXX(C) pertaining to regulations for candidate statements submitted to the voters;
d. Resolution 24-XXX(D) placing a ballot measure to extend the ½ cent general sales tax measure until ended by voters by amending Chapter 3.10 of the Paso Robles Municipal Code as shown in Ordinance XXXX (Exhibit A); e. Resolution 24-XXX(E) requesting consolidation of the General Municipal Election for a measure with Statewide General Election held on November 5, 2024; f. Resolution 22-XXX(F) setting Deadlines and Rules for Arguments and Rebuttals for Transactions and Use (Sales) Tax Amending Chapter 3.10 Measure November 2024
R. DISCUSSION ITEMS
1. Status Briefing and General Direction – LAFCO’s decennial Sphere of Influence and Municipal Service Review Update process
484 - 493
Warren Frace, Community Development Director
CEQA Determination: The City finds that this action is not a project under the California Environmental Quality Act pursuant to State CEQA Guidelines, Sections §§ 15060, subd. (c)(2)-(3), 15378, subd. (b)(5).
Recommendation: Staff recommends that the City Council direct staff to provide the Proposed Sphere of Influence map to SLO LAFCO (Attachment 3) and adopt Resolution 24-XXX directing staff to forward the recommended changes to the Sphere of Influence study areas to SLO LAFCO (Attachment 1).
2. Introduction and First Reading of an Ordinance Repealing Ordinance No. 489, Which Amended Chapter 8.08.055 of the Paso Robles Municipal Code to Restrict for Dogs in Public Places
494 - 497
Rick Lehr, Police Commander
CEQA Determination: The city finds that this action is not a project under the California Environmental Quality Act pursuant to State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.
Recommendation: Introduce for first reading by title only Ordinance XXXX, repealing Section 8.08.055 of the Paso Robles Municipal Code to regulate the control of dogs in public places.
3. Authorization of the Pickleball Court Complex at Sherwood Park to be Bid for Construction
498 - 504
Freda Berman, Public Works Director
CEQA Determination: The pickleball court complex is categorically exempt from the California Environmental Quality Act (CEQA) under the Class 3 exemption, which applies to the construction of small facilities. (State CEQA Guidelines, section 15303.)
Recommendation: Authorize the Pickleball Court Complex at Sherwood Park be bid for construction with an estimate construction cost of $3.4 million.
S. CITY MANAGER REPORT
T. COUNCIL BUSINESS AND COMMITTEE REPORTS
U. UPCOMING EVENTS
Paso Robles Senior Citizen Advisory Committee Meeting June 10, 2024, 1:30 PM Paso Robles Planning Commission Meeting June 11, 2024, 6:30 PM City Council Agenda June 4, 2024 Page 6 of 7
Library Board of Trustees June 13, 2024, 9:00 AM
Paso Robles City Council Meeting June 18, 2024, 6:30 PM V. ADJOURNMENT
City Council Agenda June 4, 2024 Page 7 of 7