Quotation # Q-522947
Date: May 21, 2024
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 264525 Contract #
City of Paso Robles
City Managers Office
821 Pine St Ste A
Paso Robles, CA 93446-2881
To expedite your order, please attach a copy of ATTENTION: Jeff Legato this quotation to your purchase order. PHONE: 8052374904 Quote is valid from: To: EMAIL: [email protected]
_________________________________________________________________________________________________________________________________ If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax Esri the signed quote in its entirety in order for the quote to be accepted. You will be contacted by your Customer Service Representative if additional information is required to complete your request.
If your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your purchase order.
In order to expedite processing, please reference the quotation number and any/all applicable Esri contract number(s) (e.g. MPA, ELA, SmartBuy, GSA, BPA) on your ordering document.
BY SIGNING BELOW, YOU CONFIRM THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION, AND YOU ARE AUTHORIZING ESRI TO ISSUE AN INVOICE FOR THE ITEMS INCLUDED IN THE ABOVE QUOTE IN THE AMOUNT OF $___________, PLUS SALES TAXES IF APPLICABLE. DO NOT USE THIS FORM IF YOUR ORGANIZATION WILL NOT HONOR AND PAY ESRI'S INVOICE WITHOUT ADDITIONAL AUTHORIZING PAPERWORK.
Please check one of the following:
___ I agree to pay any applicable sales tax.
___ I am tax exempt, please contact me if exempt information is not currently on file with Esri. ___________________________________________ ________________________ Signature of Authorized Representative Date
___________________________________________
Name (Please Print)
___________________________________________
Title
_________________________________________________________________________________________________________________________________ The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (Esri).
Any estimated sales and/or use tax reflected on this quote has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. Esri reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state tax directly, then prior to invoicing, your organization must provide Esri with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction.
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.
For questions contact:
Jacqueline Scott
Email:
[email protected]
Phone:
(909) 793-2853 x1650
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA.
SCOTTJ This offer is limited to the terms and conditions incorporated and attached herein.
Attachment No. 1
Esri Use Only:
Cust. Name
Cust. #
PO #
Esri Agreement #
SMALL ENTERPRISE AGREEMENT
COUNTY AND MUNICIPALITY GOVERNMENT
(E214-2)
This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri").
This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A.
Table A
List of Products
Uncapped Quantities
Desktop Software and Extensions (Single Use)
ArcGIS Desktop Advanced
ArcGIS Desktop Standard
ArcGIS Desktop Basic
ArcGIS Desktop Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS
Schematics, ArcGIS Workflow Manager, ArcGIS Data
Reviewer
Enterprise Software and Extensions
ArcGIS Enterprise (Advanced and Standard)
ArcGIS Monitor
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS
Workflow Manager, ArcGIS Data Reviewer
Enterprise Additional Capability Servers
ArcGIS Image Server
Developer Tools
ArcGIS Runtime Standard
ArcGIS Runtime Analysis Extension
Limited Quantities
One (1) Professional subscription to ArcGIS Developer
Two (2) ArcGIS CityEngine Single Use Licenses
100 ArcGIS Online Viewers
100 ArcGIS Online Creators
17,500 ArcGIS Online Service Credits
100 ArcGIS Enterprise Creators
3 ArcGIS Insights in ArcGIS Enterprise
3 ArcGIS Insights in ArcGIS Online
10 ArcGIS Location Sharing User Type Extension (Enterprise) 10 ArcGIS Location Sharing User Type Extension (Online) 9 ArcGIS Advanced Editing User Type Extension (Enterprise)
OTHER BENEFITS
Number of Esri User Conference registrations provided annually 3 Number of Tier 1 Help Desk individuals authorized to call Esri 3 Maximum number of sets of backup media, if requested* 2 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement
*Additional sets of backup media may be purchased for a fee Attachment No. 1
Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE
ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date").
Term of Agreement: Three (3) years
This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement.
Accepted and Agreed:
(Customer)
By:
Authorized Signature
Printed Name:
Title:
Date:
CUSTOMER CONTACT INFORMATION
Contact: Telephone:
Address: Fax:
City, State, Postal Code: E-mail:
Country:
Quotation Number (if applicable):
Attachment No. 1
1.0—ADDITIONAL DEFINITIONS
In addition to the definitions provided in the Master
Agreement, the following definitions apply to this
Agreement:
"Case" means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational
or functional performance.
"Deploy", "Deployed" and "Deployment" mean to
redistribute and install the Products and related
Authorization Codes within Customer's
organization(s).
"Fee" means the fee set forth in the Quotation.
"Maintenance" means Tier 2 Support, Product
updates, and Product patches provided to Customer
during the Term of Agreement.
"Master Agreement" means the applicable master
agreement for Esri Products incorporated by this
reference that is (i) found at https://www.esri.com/enus/legal/terms/full-master-agreement and available in the installation process requiring acceptance by
electronic acknowledgment or (ii) a signed Esri
master agreement or license agreement that
supersedes such electronically acknowledged
master agreement.
"Product(s)" means the products identified in
Table A—List of Products and any updates to the list
Esri provides in writing.
"Quotation" means the offer letter and quotation
provided separately to Customer.
"Technical Support" means the technical
assistance for attempting resolution of a reported
Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other
type of Product corrections or modifications.
"Tier 1 Help Desk" means Customer's point of
contact(s) to provide all Tier 1 Support within
Customer's organization(s).
"Tier 1 Support" means the Technical Support
provided by the Tier 1 Help Desk.
"Tier 2 Support" means the Esri Technical Support
provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support.
2.0—ADDITIONAL GRANT OF LICENSE
2.1 Grant of License. Subject to the terms and
conditions of this Agreement, Esri grants to
Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
Deploy quantities of the Products listed in
Table A—List of Products for the Term of
Agreement (i) for the applicable Fee and (ii) in
accordance with the Master Agreement.
2.2 Consultant Access. Esri grants Customer the
right to permit Customer's consultants or
contractors to use the Products exclusively for
Customer's benefit. Customer will be solely
responsible for compliance by consultants and
contractors with this Agreement and will ensure
that the consultant or contractor discontinues
use of Products upon completion of work for
Customer. Access to or use of Products by
consultants or contractors not exclusively for
Customer's benefit is prohibited. Customer may
not permit its consultants or contractors to install
Software or Data on consultant, contractor, or
third-party computers or remove Software or
Data from Customer locations, except for the
purpose of hosting the Software or Data on
Contractor servers for the benefit of Customer.
3.0—TERM, TERMINATION, AND EXPIRATION
3.1 Term. This Agreement and all licenses
hereunder will commence on the Effective Date
and continue for the duration identified in the
Term of Agreement, unless this Agreement is
terminated earlier as provided herein. Customer
is only authorized to use Products during the
Term of Agreement. For an Agreement with a
limited term, Esri does not grant Customer an
indefinite or a perpetual license to Products.
3.2 No Use upon Agreement Expiration or
Termination. All Product licenses, all
Maintenance, and Esri User Conference
registrations terminate upon expiration or
termination of this Agreement.
3.3 Termination for a Material Breach. Either party
may terminate this Agreement for a material
breach by the other party. The breaching party
will have thirty (30) days from the date of written
notice to cure any material breach.
3.4 Termination for Lack of Funds. For an
Agreement with government or governmentAttachment No. 1
owned entities, either party may terminate this
Agreement before any subsequent year if
Customer is unable to secure funding through
the legislative or governing body's approval
process.
3.5 Follow-on Term. If the parties enter into
another agreement substantially similar to this
Agreement for an additional term, the effective
date of the follow-on agreement will be the day
after the expiration date of this Agreement.
4.0—PRODUCT UPDATES
4.1 Future Updates. Esri reserves the right to
update the list of Products in Table A—List of
Products by providing written notice to
Customer. Customer may continue to use all
Products that have been Deployed, but support
and upgrades for deleted items may not be
available. As new Products are incorporated into
the standard program, they will be offered to
Customer via written notice for incorporation into
the Products schedule at no additional charge.
Customer's use of new or updated Products
requires Customer to adhere to applicable
additional or revised terms and conditions in the
Master Agreement.
4.2 Product Life Cycle. During the Term of
Agreement, some Products may be retired or
may no longer be available to Deploy in the
identified quantities. Maintenance will be subject
to the individual Product Life Cycle Support
Status and Product Life Cycle Support Policy,
which can be found at
https://support.esri.com/en/otherresources/product-life-cycle. Updates for Products in the mature and retired phases may
not be available. Customer may continue to use
Products already Deployed, but Customer will
not be able to Deploy retired Products.
5.0—MAINTENANCE
The Fee includes standard maintenance benefits
during the Term of Agreement as specified in the
most current applicable Esri Maintenance and
Support Program document (found at
https://www.esri.com/enus/legal/terms/maintenance). At Esri's sole discretion, Esri may make patches, hot fixes, or
updates available for download. No Software other
than the defined Products will receive Maintenance.
Customer may acquire maintenance for other
Software outside this Agreement.
a. Tier 1 Support
1. Customer will provide Tier 1 Support
through the Tier 1 Help Desk to all
Customer's authorized users.
2. The Tier 1 Help Desk will be fully trained in
the Products.
3. At a minimum, Tier 1 Support will include
those activities that assist the user in
resolving how-to and operational questions
as well as questions on installation and
troubleshooting procedures.
4. The Tier 1 Help Desk will be the initial point
of contact for all questions and reporting of a
Case. The Tier 1 Help Desk will obtain a full
description of each reported Case and the
system configuration from the user. This
may include obtaining any customizations,
code samples, or data involved in the Case.
5. If the Tier 1 Help Desk cannot resolve the
Case, an authorized Tier 1 Help Desk
individual may contact Tier 2 Support. The
Tier 1 Help Desk will provide support in such
a way as to minimize repeat calls and make
solutions to problems available to
Customer’s organization.
6. Tier 1 Help Desk individuals are the only
individuals authorized to contact Tier 2
Support. Customer may change the Tier 1
Help Desk individuals by written notice to
Esri.
b. Tier 2 Support
1. Tier 2 Support will log the calls received
from Tier 1 Help Desk.
2. Tier 2 Support will review all information
collected by and received from the Tier 1
Help Desk including preliminary documented
troubleshooting provided by the Tier 1 Help
Desk when Tier 2 Support is required.
3. Tier 2 Support may request that Tier 1 Help
Desk individuals provide verification of
information, additional information, or
answers to additional questions to
Attachment No. 1
supplement any preliminary information
gathering or troubleshooting performed by
Tier 1 Help Desk.
4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk.
5. When the Case is resolved, Tier 2 Support
will communicate the information to Tier 1
Help Desk, and Tier 1 Help Desk will
disseminate the resolution to the user(s).
6.0—ENDORSEMENT AND PUBLICITY
This Agreement will not be construed or interpreted
as an exclusive dealings agreement or Customer's
endorsement of Products. Either party may publicize
the existence of this Agreement.
7.0—ADMINISTRATIVE REQUIREMENTS
7.1 OEM Licenses. Under Esri's OEM or Solution
OEM programs, OEM partners are authorized to
embed or bundle portions of Esri products and
services with their application or service. OEM
partners' business model, licensing terms and
conditions, and pricing are independent of this
Agreement. Customer will not seek any discount
from the OEM partner or Esri based on the
availability of Products under this Agreement.
Customer will not decouple Esri products or
services from the OEM partners' application or
service.
7.2 Annual Report of Deployments. At each
anniversary date and ninety (90) calendar days
prior to the expiration of this Agreement,
Customer will provide Esri with a written report
detailing all Deployments. Upon request,
Customer will provide records sufficient to verify
the accuracy of the annual report.
8.0—ORDERING, ADMINISTRATIVE
PROCEDURES, DELIVERY, AND
DEPLOYMENT
8.1 Orders, Delivery, and Deployment
a. Upon the Effective Date, Esri will invoice
Customer and provide Authorization Codes to
activate the nondestructive copy protection
program that enables Customer to download,
operate, or allow access to the Products. If this
is a multi-year Agreement, Esri may invoice the
Fee up to thirty (30) calendar days before the
annual anniversary date for each year.
b. Undisputed invoices will be due and payable
within thirty (30) calendar days from the date of
invoice. Esri reserves the right to suspend
Customer's access to and use of Products if
Customer fails to pay any undisputed amount
owed on or before its due date. Esri may charge
Customer interest at a monthly rate equal to the
lesser of one percent (1.0%) per month or the
maximum rate permitted by applicable law on
any overdue fees plus all expenses of collection
for any overdue balance that remains unpaid
ten (10) days after Esri has notified Customer of
the past-due balance.
c. Esri's federal ID number is 95-2775-732.
d. If requested, Esri will ship backup media to the
ship-to address identified on the Ordering
Document, FOB Destination, with shipping
charges prepaid. Customer acknowledges that
should sales or use taxes become due as a
result of any shipments of tangible media, Esri
has a right to invoice and Customer will pay any
such sales or use tax associated with the receipt
of tangible media.
8.2 Order Requirements. Esri does not require
Customer to issue a purchase order. Customer
may submit a purchase order in accordance with
its own process requirements, provided that if
Customer issues a purchase order, Customer
will submit its initial purchase order on the
Effective Date. If this is a multi-year Agreement,
Customer will submit subsequent purchase
orders to Esri at least thirty (30) calendar days
before the annual anniversary date for each
year.
a. All orders pertaining to this Agreement will be
processed through Customer's centralized point
of contact.
b. The following information will be included in
each Ordering Document:
(1) Customer name; Esri customer number, if
known; and bill-to and ship-to addresses
(2) Order number
(3) Applicable annual payment due
Attachment No. 1
9.0—MERGERS, ACQUISITIONS, OR
DIVESTITURES
If Customer is a commercial entity, Customer will
notify Esri in writing in the event of (i) a
consolidation, merger, or reorganization of Customer
with or into another corporation or entity;
(ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's
organization (subsections i, ii, and iii, collectively
referred to as "Ownership Change"). There will be
no decrease in Fee as a result of any Ownership
Change.
9.1 If an Ownership Change increases the
cumulative program count beyond the maximum
level for this Agreement, Esri reserves the right
to increase the Fee or terminate this Agreement
and the parties will negotiate a new agreement.
9.2 If an Ownership Change results in transfer or
sale of a portion of Customer's organization, that
portion of Customer's organization will transfer
the Products to Customer or uninstall, remove,
and destroy all copies of the Products.
9.3 This Agreement may not be assigned to a
successor entity as a result of an Ownership
Change unless approved by Esri in writing in
advance. If the assignment to the new entity is
not approved, Customer will require any
successor entity to uninstall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.
Attachment No. 1
Council Agenda Report
From: Paul Patti, Battalion Chief/Fire Marshal
Subject: Approving the Cost Report for Costs Incurred Abating Public Nuisance Parcels and Directing the Costs be Forwarded to the County Auditor for Inclusion on the Next Tax Bill 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: July 16, 2024
Facts
1. On June 18, 2024, the City Council approved Resolution 24-077 confirming weeds or noxious growth on specific properties within the City to be a nuisance.
2. “Notice to Abate” letters were mailed to the property owner address on file with the county assessor on two separate occasions; additional notice was mailed to each occupant of the physical address; and letters returned had the properties staked with a copy of the need to abate.
3. The City entered into a Maintenance Services Agreement with KD Jani to abate unaddressed properties. As of June 18, 2023, 7 of the initial 715 properties remained in violation and abatement work commenced.
4. Costs for each abated parcel were tracked and are attached as Exhibit A.
Options
1. Take no action.
2. Hear any objections to the cost report, confirm the cost report including the associated administrative fees for submission to the County Auditor-Controller and approve Resolution 24-XXX approving the cost report for costs incurred abating public nuisance parcels and directing the costs be forwarded to the County Auditor for inclusion on the next tax bill.
3. Amend or modify the resolution as submitted.
4. Provide alternative direction to staff.
Analysis and Conclusions
Through its delegated authority, Paso Robles Fire and Emergency Services (PRFES) works to eliminate community fire hazards created by dry vegetation (weeds), consistent with Government Code sections 39561-39588 and Paso Robles Municipal Code Chapter 16.10. This work includes a public information campaign, letters to property owners, and occupants of parcels found in violation, and individual property assessments.
PRFES made reasonable attempts to achieve safety regulation compliance for those properties found in Exhibit A. These seven (7) properties nonetheless remained in violation and were abated to abatement ordinance standards, through an approved contractor. Between June 19, 2024, and June 30, 2024, the City’s contractor, KD Janni, performed the abatement and has prepared the attached cost report for
review and approval by the City Council pursuant to PRMC 16.10.240. The cost report was posted for at least three days prior to its submission to the City Council on or near the chamber door of the City Council with a notice of the time of submission.
Fiscal Impact
None for this action. Cost associated with the City ordered work will be recouped via direct invoice or through a special assessment lien on the negligent properties, if necessary. The charges for each of the unabated properties covers the full cost of the abatement, including administrative oversight. The administrative costs incurred by the City for properties that did abate after receiving notice, are not recouped.
CEQA
The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.
Recommendation
Approve Resolution 24-XXX, confirming the cost report of abated parcels described in Exhibit A including the associated administrative fees and directing staff to submit it to the County Auditor-Controller.
Attachments
1. Resolution 24-XXX – Cost Report for Weed Abated Parcels a. Exhibit A – Assessor’s Parcel Number, address, owner, invoice amount, and administrative fees.
Attachment 1
RESOLUTION 24-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES
CONFIRMING THE ATTACHED COST REPORT FOR WEED ABATED PARCELS AND DIRECTING THE COSTS BE
FORWARDED TO THE COUNTY AUDITOR FOR INCLUSION ON THE NEXT TAX BILL WHEREAS,the City Council of El Paso de Robles(“City”) on June 18, 2024 adopted Resolution 24-077 “A resolution of the City Council of El Paso de Robles confirming existence of a public nuisance, therefore creating a potential fire hazard on various properties throughout the City and ordering the Fire Chief to abate the nuisance”; and WHEREAS, the Confirmation of Nuisance, among other things:
Confirmed that weeds or noxious growth growing on certain properties within the City were a nuisance. Directed the Fire Chief to “Abate” the nuisance parcels as outlined in section 16.10 of the Paso Robles Municipal Code.
Invited Property owners to show cause why such condition should not be condemned as a public nuisance; and
WHEREAS, the Fire Chief had the parcels identified in Exhibit A abated to the adopted standards on Ordinance
16.10; and
WHEREAS, the associated costs for abatement, including a one-hundred percent administrative fee, must be considered and confirmed by Council prior to submission to the county auditor-controller for inclusion on the next regular tax bill; and
WHEREAS, the City has provided all requisite notice and hearing procedures for imposition of the attached abatement costs consistent with Government Code sections 39561—39588 and Paso Robles Municipal Code Chapter 16.10.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council hereby confirms the cost report attached as Exhibit A and directs the Fire Chief (or his designee) to forward the costs to the county auditor-controller for inclusion as a levy against the parcel on the next regular tax bill.
Section 2. This Resolution is not subject to the provisions of the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility the project will have a significant effect on the environment, and because, by following weed abatement procedures, the City is protecting persons and property from emergencies caused by the risk of fire, explosion, and earthquake. (CEQA Guidelines § 15061(b)(3); Pub. Res. Code § 21080(b)(4).) APPROVED by the City Council of the City of El Paso de Robles by the following vote on July 16, 2024.
AYES:
NOES:
ABSENT:
ABSTAIN:
John R. Hamon, Jr., Mayor
ATTEST:
Melissa Boyer, City Clerk
Exhibit A – 2024 Weed Abatement Charges
2024 Weed Abatement Charges Exhibit A
NO. APN SITE ADDRESS PROPERTY OWNER KD JANNI INVOICE ADMIN FEE TOTAL 1 008-012-022 535 Fein Avenue SLO Investmets LLC a CA LLC $110.00 $110.00 $220.00 2 008-324-008 1427 Pine Street Till, Chad V $140.00 $140.00 $280.00 3 009-424-014 627 Creston Road Grange #555 Paso Robles $700.00 $700.00 $1,400.00 4 009-516-032 594 Red Cloud Road Kilec, Kemal S $165.00 $165.00 $330.00 5 009-541-009 410 Creston Road Ashton, Paul G Trust $330.00 $330.00 $660.00 6 025-151-011 924 Osos Way Garcia, Ernest & Linda M 2023 Revoc Trust $420.00 $420.00 $840.00 7 025-372-004 1927 Catahoula Ct, Alvarez, Hector $165.00 $165.00 $330.00 TOTAL: 2,030.00 $2,030.00 $4,060.00
Council Agenda Report
From: Paul Patti, Battalion Chief/Fire Marshal
Subject: Receipt of the Annual Fire Inspection Report for State Mandated Occupancies 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: July 16, 2024
Facts
1. California Health & Safety Code Sections 13146.2 and 13146.3 requires all fire departments, including Paso Robles Fire and Emergency Services (PRFES), to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, jails, and certain residential care facilities for compliance with building and fire standards.
2. Senate Bill 1205 added Section 13146.4 to the Health and Safety Code requiring every organized fire department to annually report their compliance with State mandated inspections.
3. For Fiscal Year 2023-24, PRFES completed 19 of 19 (100%) of the City’s group E educational facilities; completed 123 of 123 (100%) residential group R occupancies (hotel, motel, apartment, and tri-plex); and completed 1 of 1 (100 %) institutional group I occupancies (city jail).
Options
1. Take no action.
2. Approve Resolution 24-XXX, receiving and filing the Annual Fire Inspection Report for State Mandated Occupancies.
Analysis and Conclusions
Accepting and filing the attached Resolution meets the requirements of California Health & Safety Code 13146.4 and acknowledges Paso Robles Fire and Emergency Services compliance with California Health and Safety Code Sections 13146.2 and 13146.3. This resolution and related report confirms the annual inspections only and does not contain findings.
Fiscal Impact
None
CEQA
The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.
Recommendation (Option 2)
Approve Resolution 24-XXX, to receive and file the annual fire inspection report for state mandated occupancies.
Attachments
1. Resolution 24-XXX – State Mandate Inspections
a. 2023-2024 Mandatory Inspections Competed Report
Attachment 1
RESOLUTION 24-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES
RECEIVING AND FILING OF A REPORT MADE BY THE FIRE MARSHAL REGARDING THE INSPECTION
OF CERTAIN OCCUPANCIES REQUIRED TO PERFORM ANNUAL INSPECTIONS PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE WHEREAS, California Health & Safety Code Section 13146.4 was added in 2018, and became effective on September 27, 2018; and
WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 requires all fire departments, including Paso Robles Fire and Emergency Services, that provide fire protection services, to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards, as provided; and
WHEREAS, California Health & Safety Code Section 13146.4 requires all fire departments, including Paso Robles Fire and Emergency Services, that provide fire protection services to report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3; and WHEREAS, Educational Group E occupancies are generally those public and private schools, attended by more than six persons at one time for educational purposes. 19 group E occupancies are situated throughout the City of Paso Robles. During Fiscal Year 2023/2024 Paso Robles Fire and Emergency Services inspected 100% of Group E occupancies; and
WHEREAS, Residential Group R occupancies, for the purposes of this resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), etc. as well as other residential occupancies (including several residential care facilities). 123 Group R (and their associated sub-categories) are situated throughout the City of Paso Robles. During Fiscal Year 2023/2024, Paso Robles Fire and Emergency Services completed 123 Group R occupancy inspections.
This is a compliance rate of 100% for this reporting period; and WHEREAS, Institutional Group I occupancies are a building or structure, or a portion thereof, in which care or supervision is provided to persons who are or are incapable of self-preservation without physical assistance or in which persons are detained for penal or correctional purposes or in which the liberty of the occupants is restricted. The city jail is the only Group I occupancy within the city. During fiscal year 2023/2024 Paso Robles Fire and Emergency Services completed one Group I occupancy inspection. This is a compliance rate of 100% for this reportion period.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. All of the above recitals are true and correct and incorporated herein by reference.
Section 2. The City Council hereby approves receiving and filing the Annual Fire Inspection Report for State Mandated Occupancies as shown in Exhibit A.
APPROVED this 16th day of July, 2024, by the following vote:
Attachment 1
AYES:
NOES:
ABSENT:
ABSTAIN:
John R. Hamon, Jr., Mayor
ATTEST:
Melissa Boyer, City Clerk
Exhibit A - 2023-2024 Mandatory Inspections Competed Report
2023-2024 Mandatory Inspections Completed EXHIBIT 1
Occupant Name Occupant Full Street Address Completed Date 1 102 Vine Apartments (Includes 112 Vine, 122 Vine, 105 Oak, 111 Oak, 121 Oak) 102 Vine Street 3/22/2024 2 102-108-112-206 Myrtlewood Apartments 102-108-112-206 Myrtlewood Drive 3/22/2024 3 1034 Olive Apartments P.O. Box 1715 4/23/2024
4 1040 Chestnut Apartments 1040 Chestnut Street 4/26/2024 5 1045 Olive Apartments 1045 Olive Street 4/23/2024
6 1112 Olive Apartments 1112 Olive Street 8/23/2024
7 12 Townhouse Apartments 12 Townhouse Terrace 4/23/2024 8 130 Capitol Hill Apartments 130 Capitol Hill Drive 4/27/2024 9 143 Oak Apartments 143 Oak Street 3/11/2024
10 1502 Pine Apartments 1502 Pine Street 3/14/2024
11 1515 Pine Apartments 1515 Pine Street 3/14/2024
12 1635 Pine Apartments 1635 Pine Street 4/7/2024
13 1717 Pine Apartments 1717 Pine Street 4/7/2024
14 1802 Park Apartments 1802 Park Street 12/15/2023
15 1906-1907-1914-1917-1919-1920-1923-1928 Teak Apartments 1906 Teak Avenue 8/21/2023 16 1914 & 1920 Teak Drive Apartments 1914 & 1920 Teak Drive 3/22/2024 17 2030 Vine Apartments 2030 Vine Street 3/21/2024
18 204 & 214 Vine Apartments 204 Vine Street 3/22/2024
19 2131 Park Apartments 2131 Park Street 4/1/2024
20 2206 Spring Apartments 2206 Spring Street 11/20/2023 21 2219 Oak Apartments 2219 Oak Street 3/22/2024
22 222 Vine Apartments 222 Vine Street 2/15/2024
23 2915 Park Apartments 2915 Park Street 12/15/2023
24 3041 Spring Apartments 3041 Spring Street 3/30/2024
25 3106 Spring Apartments 3106 Spring Street 3/30/2024
26 3243 Oak Apartments 3243 Oak Street 5/24/2024
27 329-345 Vine Apartments 329-345 Vine Street 3/22/2024 28 336 12th Apartments 336 12th Street A-D 1/22/2024
29 3411 Spring Apartments 3411 Spring Street 2/5/2024
30 3424 Oak Apartments 3424 Oak Street 2/28/2024
31 3425 Spring Apartments 3425 Spring Street 3/19/2024
32 3445 Spring Apartments 3445 Spring Street 3/25/2024
2023-2024 Mandatory Inspections Completed EXHIBIT 1
33 3504 Oak Apartments 3504 Oak Street 5/24/2024
34 3505 Spring Apartments 3505 Spring Street 3/25/2024
35 3510 Spring Apartments 3510 Spring Street 3/25/2024
36 3511 Park Apartments 3511 Park Street 12/15/2023
37 3514 & 3520 Spring Apartments 3420 Spring Street 2/6/2024 38 3515 Park Apartments 3515 Park Street 12/15/2023
39 3521 Park Apartments 3521 Park Street 12/15/2023
40 3531 Spring Apartments 3531 Spring Street 2/6/2024
41 3532 & 3536 Oak Apartments 3532 Oak Street 5/24/2024 42 3532 Spring Apartments 3532 Spring Street 3/25/2024
43 3533 Park Apartments 3533 Park Street 12/15/2023
44 3537 Spring Apartments 3537 Spring Street 3/25/2024
45 3548 Oak Apartments 3548 Oak Street 5/23/2024
46 406 12th Apartments 406 12th Street 1/22/2024
47 420 12th Apartments 420 12th Street 1/22/2024
48 508 Arleen Apartments 508 Arleen Avenue 2/11/2024
49 509 32nd Apartments 509 32nd Street 12/15/2023
50 512 Fein Apartments 512 Fein Avenue 2/11/2024
51 514 Arleen Apartments 514 Arleen Avenue 5/23/2024
52 515 32nd Apartments 515 32nd Street 12/15/2023
53 515 Arleen Apartments 515 Arleen Avenue 2/11/2024
54 524 Arleen Apartments 524 Arleen Avenue 2/11/2024
55 525 32nd Apartments 525 32nd Street 12/15/2023
56 525 Arleen Apartments 525 Arleen Avenue 2/11/2024
57 541 23rd Apartments 541 23rd 4/1/2024
58 545 Fein Apartments 545 Fein Avenue 2/11/2024
59 549 9th Apartments 549 9th Street 5/28/2024
60 639 Park Apartments 639 Park Street 4/23/2024
61 714 Tanner Apartments 714 Tanner Drive 4/16/2024
62 720 Park Apartments 720 Park Street 4/23/2024
63 724 23rd Apartments 724 23rd Street 4/1/2024
64 735 28th Apartments 735 28th Street 5/16/2024
65 839 17th Apartments 839 17th Street 5/16/2024
2023-2024 Mandatory Inspections Completed EXHIBIT 1
66 Adelaide Inn 1215 Ysabel Avenue 5/24/2024
67 Alder Creek Apartments 712 Gardenia Circle 11/7/2023 68 Allegretto Vineyard Resort 2700 Buena Vista Drive 3/11/2024 69 Almond Acres School 1145 Niblick Road 6/13/2023
70 Alturas Apartments 3200 Spring Street 4/29/2024
71 Annette Lodge Care Facility 725 Pine Street 3/25/2024 72 Best Western Black Oak Lodge 1135 24th Street B 2/8/2024 73 Best-Way Inn 2701 Spring Street 5/24/2024
74 Blue Oak Apartments (Including 908 Experimental) 710 Experimental Station Road 6/3/2024 75 Budget Inn of Paso Robles 2745 Riverside Avenue 3/18/2024 76 Chet Doddard Senior Housing 801 28th Street 11/3/2023 77 Cielo House Inn 2749 Spring Street 1/6/2024
78 Courtyard by Marriott at Paso Robles 120 South Vine Street 11/5/2023 79 Creekside Gardens Senior Living Apartments 401 Oak Hill Road 11/7/2023 80 Creston Garden Apartments 1255 Creston Road 4/26/2024 81 Creston Village Care Facility 1919 Creston Road 2/13/2024 82 Cuesta College North Campus 2800 Buena Vista Drive 5/22/2024 83 Daniel Lewis Middle School 900 Creston Road 1/24/2024 84 Dry Creek Apartments 1227 Corral Creek Avenue 4/26/2024 85 Ebony-1904 Apartments 1904 Ebony Street 3/22/2024
86 Ebony-1906 Apartments 1906 Ebony Street 3/22/2024
87 Ebony-1912 Apartments 1912 Ebony Street 3/22/2024
88 Ebony-1922 Apartments 1922 Ebony Street 3/22/2024
89 ECHO Homeless Services 1134 Black Oak Drive 5/30/2024 90 Economy Inn 2218 Spring Street 8/11/2023
91 EOC - Paso Robles Head Start 304 19th Street 8/16/2023 92 Farmhouse Motel 425 Spring Street 8/25/2023
93 Flamson Middle School 2405 Spring Street 1/9/2024
94 Georgia Brown Early Head Start 3600 Oak Street 11/3/2023 95 Georgia Brown Elementary School 525 36th Street 1/9/2024 96 Glen Speck School 401 17th Street 2/6/2024
97 Hacienda Del Norte Apartments 529 10th Street 5/10/2024 98 Hampton Inn & Suites 212 Alexa Court 4/26/2024
2023-2024 Mandatory Inspections Completed EXHIBIT 1
99 Hidden Creek Apartments 80 Cary Street 5/3/2024
100 Holiday Inn 2455 Riverside Avenue 5/20/2024
101 Homestead Apartments 920 Oak Street 5/28/2024
102 Hotel Cheval, LLC 1021 Pine Street 3/25/2024
103 Hotel La Bellasera 206 Alexa Court 4/26/2024
104 Hotel Siri 715 24th Street 2/8/2024
105 Kermit King Elementary School 700 School House Circle 1/11/2024 106 La Quinta Inn & Suites 2615 Buena Vista Drive 8/8/2023 107 Laguna Terrace Apartments 3408 Spring Street 4/29/2024 108 Liberty & Independence High Schools 810 - 812 Niblick Road 2/1/2024 109 Los Robles Terrace Apartments 2940 Spring Street 5/23/2024 110 Marie Bauer School 1626 Vine Street 1/11/2024
111 Melody Ranch Motel 939 Spring Street 5/4/2024
112 N4P LLC - 1645 Pine Apartments 1645 Pine Street 4/7/2024 113 Oak Creek Commons Apartments 635 Nicklaus Street 11/7/2023 114 Oak Park Phase I - 28th-30th, Park-Railroad 901 30th Street 4/1/2024 115 Oak Park Phase II - 30th-32nd, Park-Railroad 901 30th Street 4/1/2024 116 Oak Park Phase III 3118 Park Street 4/1/2024
117 Oak Park Phase IV 802 34th Street 4/1/2024
118 Oxford Suites Hotel 800 4th Street 2/15/2024
119 Park-3406-3412-3418 & 34th-815-825 Apartments 3406 - 3412 - 3418 Park Street 4/1/2024 120 Paso Robles Gardens Apartments 540 Sims Avenue 4/26/2024 121 Paso Robles High School 801 Niblick Road 1/30/2024
122 Paso Robles Inn 1103 Spring Street 8/11/2023
123 Paso Robles Public Schools 1900 Golden Hill Road 8/1/2023 124 Pat Butler Elementary School 700 Nicklaus Street 1/18/2024 125 People's Self Help Apartments 400 Oak Hill Road 8/3/2023 126 Public Safety Center Jail 900 Park Street 9/28/2023 127 Riverview Apartments 149 Olive Street 4/23/2024
128 Saint Rose School 900 Tucker Avenue 4/23/2024
129 Spanish Oaks Motel 3440 Spring Street 3/19/2024
130 Spring Street Apartments 125 Spring Street 3/30/2024 131 Stables Inn 730 Spring Street 2/9/2024
2023-2024 Mandatory Inspections Completed EXHIBIT 1
132 Sun Outdoors RV 2500 Airport Road 2/8/2024
133 Temporary Location - Paso School 2405 Spring Street A 1/9/2024 134 The Oaks At Paso Robles 526 South River Road 11/11/2023 135 The Oaks Hotel 3000 Riverside Avenue 8/18/2023
136 The Piccolo Hotel 600 12th Street 4/27/2024
137 Townhouse Apartments 2821 Park Street 12/15/2023
138 Trinity Lutheran School 940 Creston Road 4/11/2024
139 Villa Del Rio Apartments 92 Rio Court 5/3/2024
140 Virginia Peterson School 2501 Beechwood Drive 1/18/2024 141 Vista Robles Apartments 240 Spring Street 2/23/2024 142 Wine Country Inn 3548 Spring Street 3/25/2024
143 Winifred Pifer Elementary School 1350 Creston Road 1/23/2024
Council Agenda Report
From: Paul Sloan, Economic Development Manager
Subject: Approval of Contribution Agreements for Fiscal Years 2024-25 and 2025-26 with Paso Robles Downtown Main Street Association and Paso Robles Wine Country Alliance, and Visitor Services Agreement with Paso Robles & Templeton Chamber of Commerce.
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: July 16, 2024
Facts
1. The City has historically provided contributions to local stakeholder groups in return for these groups providing distinct marketing, public relations, and economic development-related services that align with City Council priorities.
2. The City has previously entered into contribution agreements, most recently in July 2022, with the Paso Robles Downtown Main Street Association, for the provision of downtown marketing and promotion services necessary to enhance the economic vitality of the City and its historic downtown business area, and with the Paso Robles Wine Country Alliance for marketing and workforce development activities. The City has previously entered into contribution agreements, most recently in September 2022, with the Paso Robles Chamber of Commerce for visitor services.
3. During the March 2, 2024, Budget and Goals Workshop, Councilmember Roden requested groups that have a contribution agreement with the City present during a future City Council meeting to review their work plan for the upcoming fiscal years.
4. During the May 7, 2024, City Council meeting, representatives from the Paso Robles Mainstreet Association presented their work plan and budget to the City Council. At the conclusion of the discussion, the City Council requested all stakeholder groups requesting funding support from the City to present additional detailed financial information at a future City Council meeting.
5. Representatives from the Paso Robles Wine Country Alliance and Paso Robles & Templeton Chamber of Commerce were not able to attend the May 7th meeting due to schedule conflicts, but presented their workplan and budgets at the May 21, 2024 City Council meeting.
6. During the May 21, 2024, City Council meeting, Council directed staff to include the stakeholder groups’ funding requests within the FY 2024-25 and 2025-26 budget and develop a contribution agreement with the stakeholder groups for City Council consideration.
7. The City Council adopted the Fiscal Year 2024-25 and 2025-26 budgets on June 18, 2024, which included appropriations for these agreements.
Options
1. Take no action;
2. Approve contribution agreements with the Paso Robles Downtown Main Street Association and Paso Robles Wine Country Alliance, and Visitor Services agreement with Paso Robles & Templeton Chamber of Commerce in substantially final form; or
3. Provide alternative direction to staff.
Analysis and Conclusions
The City Council utilizes partnerships with community organizations to support activities that align with City Council goals and community priorities. The City has historically provided contributions to the Main Street Association, the Wine Alliance, and the Chamber of Commerce to support marketing, visitor services, and economic development objectives.
The proposed contribution amounts for Fiscal Year 2024-25 and FY 2025-26 for Main Street, the Wine Alliance, and the Chamber were determined by Council during the May 21, 2024, City Council meeting.
Appropriations for these contributions are currently contained within the proposed budget for Fiscal Year 2024-25 and 2025-26.
The following table is a summary of contributions made to these groups in the prior two fiscal years, as well as proposed contributions for the next two fiscal years.
Organization Fiscal Year
2022-23
Contribution
Fiscal Year
2023-24
Contribution
Fiscal Year
2024-25
Proposed
Contribution
Fiscal Year
2025-26
Proposed
Contribution
Scope of
Services
Main Street
Association $105,000 $110,000 $117,000 $117,000
Downtown
Promotion and
Events
Wine Alliance $75,000 $85,000 $85,000 $85,000
Marketing and
Workforce
Development
Chamber of
Commerce $90,000 $95,000 $115,000 $115,000 Visitor Services Fiscal Impact
Per Council direction on May 21, 2024, the FY 2024-25 and FY 2025-26 budget includes a contribution to the Paso Robles Downtown Main Street Association of $117,000 per fiscal year, for a total of $234,000 for the next two fiscal years; to the Paso Robles Wine Country Alliance at the funding level of $85,000 per fiscal year, for a total of $170,000 for the next two fiscal years; and to the Paso Robles & Templeton Chamber of Commerce at the funding level of $115,000 per fiscal year, for a total of $230,000 for the next two fiscal years.
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 contribution agreements with the Paso Robles Downtown Main Street Association and Paso Robles Wine Country Alliance, and Visitor Services Agreement with Paso Robles & Templeton Chamber of Commerce, authorizing the City Manager to make minor changes in consultation with the City Attorney that match the intent of the parties and ensures parity of City’s standard contract terms prior to execution.
Attachments
1. Main Street Contribution Agreement FY 2024-26
2. PRWCA Contribution Agreement FY 2024-26
3. Chamber Visitor Services Agreement FY 2024-26
Attachment 1
AGREEMENT BETWEEN THE CITY OF EL PASO DE ROBLES
AND PASO ROBLES MAIN STREET, FOR THE PROVISION
OF DOWNTOWN MARKETING AND PROMOTION SERVICES
THIS AGREEMENT (“Agreement”) is made and entered into this ___ day of _____ 2024 by and between the City of El Paso de Robles (hereafter referred to as “CITY”) and the Downtown Paso Robles Main Street Association, (hereafter referred to as “MAIN STREET”).
WHEREAS, MAIN STREET has special knowledge and experience together with available facilities and personnel for the maintenance of an office to provide downtown promotion services necessary to enhance the economic vitality of the City’s historic downtown business area; and WHEREAS, the CITY desires to have MAIN STREET provide these services in order to facilitate economic development and historic preservation in the downtown area; and WHEREAS, MAIN STREET is willing to provide the services hereinafter set forth on behalf of the CITY in the manner and for the purpose hereinafter provided.
CITY and MAIN STREET hereby enter into this Agreement to set forth the terms and conditions relating to certain downtown promotion services to be provided by MAIN STREET.
1. MAIN STREET RESPONSIBILITIES. MAIN STREET shall provide and perform the following services and activities during the term of this agreement:
A. Carry out the National and State of California Main Street Program in accordance with the guidance and assistance of the State of California and the National Trust for Historic Preservation;
B. Adopt and implement a Work Plan reflecting the array of services requested by the CITY;
C. Promote downtown Paso Robles as a destination and enhance its economic viability;
D. Initiate communication and actively coordinate and cooperate with the Paso Robles Chamber of Commerce, Paso Robles Events Center, the Paso Robles Wine Country Alliance, Travel Paso, and Visit SLOCAL;
E. Operate and maintain a professional staff and an office setting for the Paso Robles Main Street Program;
F. Adopt and implement a Development Plan, designed to increase non-City financial resources in accordance with MAIN STREET's adopted Work Plan; G. Maintain a board member liaison to the Paso Robles Chamber of Commerce's board and include a Paso Robles Chamber of Commerce board member as a board liaison to MAIN STREET.
H. Provide to the CITY by April 1 of each year an annual report, including MAIN STREET's financials and implementation of the adopted Work Plan and Development Plan.
Attachment 1
I. Generate additional revenues by updating and expanding the business improvement district, updating Main Street events, generating additional sponsorships, or other activities, possibly achieved by retaining a Marketing Director reporting to the Board.
J. Work in collaboration with the City to update the BIA, re-examine its boundaries, and make any other appropriate changes.
K. Work in collaboration with the City to examine changing demands and opportunities for the downtown, given the changing retail landscape and expectations of shoppers, etc.
L. MAIN STREET is a key stakeholder in the City’s economic development ecosystem. CITY is in the process of implementing its updated economic development strategic plan, which includes specific recommendations and actions to diversify and strengthen the Paso Robles economy. MAIN STREET agrees to assist CITY in carrying out objectives and action items contained within the plan.
MAIN STREET commits to attend meetings, conferences, and other events where attendance is deemed essential to implementing the CITY’s economic development strategy.
MAIN STREET will continue to align workplans with the Chamber of Commerce and Travel Paso to strategically develop complementary programs that increase and expand the economic base of Paso Robles.
M. MAIN STREET commits to providing marketing materials and other assets at the request of the CITY at no additional cost for non-commercial use by the CITY.
This includes, but is not limited to utilizing MAIN STREET assets, services, or industry partnerships to enhance marketing efforts at CITY facilities, public spaces and in other forms as mutually agreed upon.
2. COMPENSATION. In consideration of the services performed by MAIN STREET pursuant to this Agreement, and so long as MAIN STREET is not in default under any of the provisions of this Agreement, CITY shall:
A. Disburse $117,000 to cover services for the 2024-25 fiscal year payable upon the CITY’s receipt of an invoice from MAIN STREET no sooner than December 30, 2024.
B. Disburse $117,000 to cover services for the 2025-26 fiscal year payable upon the CITY’s receipt of an invoice from MAIN STREET no sooner than December 30, 2025.
C. In the event that the City Council is compelled to reduce General Fund budget expenditures at any time during the term of this Agreement, the amount of the payments under this Agreement may need to be reduced, as determined by CITY.
CITY shall notify MAIN STREET of any such reduction as early as is reasonably feasible and understands that any reduction in CITY's payment may result in a proportionate reduction in MAIN STREET services provided under this Agreement.
Attachment 1
D. During the term of this agreement, MAIN STREET shall make efforts to secure other sources of funding for its services, including but not limited to expansion and augmentation of the business improvement district, in order to reduce reliance on CITY funds.
E. This agreement shall not prevent the CITY from appropriating additional sums for specific projects that the CITY may desire to have performed by MAIN STREET.
3. MAIN STREET’S ANNUAL BUDGET. MAIN STREET shall, by April 1 of each year, submit to the CITY for review by the City Council, a budget and plan for downtown promotion services to be provided by MAIN STREET during the next following fiscal year covered by this Agreement. The budget shall first have been approved by MAIN STREET's Board of Directors.
4. MAIN STREET’S FINANCIAL RECORDKEEPING AND REPORTING. Upon 15 days’ notice to MAIN STREET, the CITY shall have the right to audit the books, records, and accounts of MAIN STREET during normal business hours. In addition to the annual reports MAIN STREET is to furnish to the CITY pursuant to Section 1, above, MAIN STREET shall also provide the State of California with required reports on MAIN STREET Program activities.
5. USE OF FUNDS; PROHIBITION AGAINST POLITICAL ACTIVITY. Funds disbursed under this Agreement shall be used exclusively for the benefit of the downtown area.
MAIN STREET shall not use any monies received under this Agreement for the endorsement, opposition, or participation in any political or lobbying activity, including but not limited to, involvement in the support or opposition to any candidate for public office or proposed ballot measure.
6. INDEMNIFICATION, HOLD HARMLESS. MAIN STREET shall indemnify, defend, and hold CITY, its members, officers, directors, agents, and employees free and harmless from any and all liability, claims, damages, losses and expenses, including attorney fees, arising out of the performance by MAIN STREET of the services provided for hereunder, caused in whole or in part by any act of MAIN STREET, its officers, employees or agents in carrying out the terms of this Agreement.
7. INSURANCE. MAIN STREET agrees to maintain in full force and effect, at its sole cost and expense, during the term of this Agreement the following insurance:
A. Workers' Compensation in accordance with State law for all of its employees engaged in the work and services to be provided under this Agreement.
B. General Liability in an amount not less than One Million Dollars ($1,000,000) combined single limit liability per occurrence with a Two Million Dollars ($2,000,000) aggregate.
All such insurance policies shall be carried with insurance companies satisfactory to the CITY and shall name the CITY, its officers, agents, and employees as additional insured with respect to the work and services being performed under this Agreement. MAIN STREET shall cause to be furnished to the CITY certificates of insurance stating that such insurance is in full force and effect; that the premiums thereon have been paid; and that the
Attachment 1
insurance carrier will give the CITY at least thirty (30) days prior written notice of cancellation, termination, or modification.
It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by the MAIN STREET or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to the City.
8. EVENTS. MAIN STREET agrees to comply with the CITY’s Facilities Use Agreement standards and protocols when the MAIN STREET organizes events on CITY property, including the downtown city park. Event insurance coverage shall be provided independently for each event and be subject to the CITY’s Facilities Use Agreement standards. The MAIN STREET shall be independently responsible for the contract/business relationship with vendors at their events, including assurance that they have appropriate insurance coverage, and that the vendor has an appropriate CITY business license in place to participate in the event.
9. INDEPENDENT CONTRACTOR; NOT AGENT. Notwithstanding any other representation, oral or written, between the parties, including any and all agents or representatives thereof, MAIN STREET is at all times during the term of this Agreement acting as a free and independent contractor, and shall not be an employee or an agent of CITY.
Except as CITY may authorize in writing, MAIN STREET shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. MAIN STREET shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligations whatsoever.
10. CONFLICT OF INTEREST. MAIN STREET shall not enter into any contract or agreement that will create a conf1ict of interest with its duties to CITY under this Agreement.
No member, official or employee of CITY shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to this Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is directly or indirectly interested. MAIN STREET warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Agreement.
11. LICENSES, PERMITS. MAIN STREET represents and warrants to CITY that it has and shall maintain at all times during the term of this Agreement, at its sole cost and expense, all business licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for MAIN STREET to provide the services hereunder.
12. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligations pursuant to this Agreement shall be void and of no effect.
13. NON-DISCRIMINATION. MAIN STREET agrees to comply with all fair employment practice laws of the state and federal government. MAIN STREET covenants and agrees
Attachment 1
for itself, its successors, its assigns and every successor in interest, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, medical condition, disability, marital status, ancestry or national origin in the provision of any services to be provided by MAIN STREET hereunder, nor shall MAIN STREET or any person claiming under or through MAIN STREET establish or permit any such practice or practices of discrimination or segregation in the provision of any services to be provided by MAIN STREET hereunder.
14. REVERSION OF FUNDS AND PROPERTY. During the term of this Agreement, should the Paso Robles Main Street, Inc. Board of Directors be dissolved, disbanded, or otherwise cease to function in a manner described in this Agreement, all assets of MAIN STREET shall be disbursed in accordance with applicable provisions in MAIN STREET's Bylaws.
All funds attributable to the CITY, and equipment purchased out of funds provided by the CITY, shall revert to ownership of the CITY. For the purpose of this provision, MAIN STREET shall maintain a written record of, and include as part of each annual report, a listing of capital equipment that has been purchased with the funds provided by CITY.
15. TERM. The term of this Agreement shall expire June 30, 2026, unless terminated earlier in accordance with Section 16 below.
16. DEFAULT. The failure of the parties to abide by any of the terms of this Agreement shall constitute a default under this Agreement. If either party fails to cure any such default within five (5) days of receiving notice from the other party of such default, then this Agreement may be terminated by giving ten (10) days written notice of such termination.
At the time of termination, it will be determined if annual payment has been made pursuant to Section 2. If payment has not been made, CITY will make the equivalent of monthly payments for the number of months services were rendered prior to termination. If payment has been made, MAIN STREET shall return to CITY the equivalent of monthly payments for the number of months services were not rendered prior to termination.
17. NOTICES. All notices pursuant to this Agreement shall be in writing and mailed, postage prepaid, first class, or personally delivered, to the addresses set forth below, or such other address as a party may designate in writing.
18. FULL AGREEMENT AND AMENDMENT. This document represents the entire understanding between the parties and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may only be amended by a writing signed by both parties.
19. SEVERABILITY. Should any provision of this Agreement be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable. This Agreement shall in all respects be governed by the laws of the State of California.
20. ATTORNEY’S FEES. In the event suit is brought for the enforcement, or interpretation, of this Agreement, the prevailing party shall be entitled to reasonable attorney fees.
Attachment 1
IN WITNESS WHEREOF, this Agreement is hereby executed as of the day and year first hereinabove written.
THE CITY OF EL PASO DE ROBLES PASO ROBLES MAIN STREET, INC. 1000 Spring Street 835 12th Street #D
Paso Robles, CA 93446 Paso Robles, CA 93446
By_______________________________ By ___________________________ Ty Lewis, City Manager Jeffry Wiesinger, President
Date______________________________
By ___________________________
Norma Moye, Executive Director
ATTEST:
By: _______________________________
Melissa Boyer, City Clerk
Approved as to Form:
By _______________________________
Elizabeth Hull, City Attorney
Attachment 2
AGREEMENT BETWEEN THE CITY OF EL PASO DE ROBLES AND
THE PASO ROBLES WINE COUNTRY ALLIANCE FOR WINE INDUSTRY EDUCATION AND MARKETING SERVICES - FY 2024-25 & 2025-26 THIS AGREEMENT ("Agreement") is made and entered into this ____ day of _____ 2024 by and between the City of El Paso de Robles, a municipal corporation, hereafter referred to as the "CITY", and the Paso Robles Wine Country Alliance a 50lc6 non-profit organization, hereinafter referred to as "PRWCA".
WHEREAS, the wine industry and the Paso Robles Wine Country Alliance are both integral to the continued economic success of Paso Robles, accounting for nearly 12,000 jobs in the Paso Robles region and over $337M in wages paid. The sum of the direct, indirect and induced value of wine industry output for the Paso Robles AVA is $1.09 billion annually; and WHEREAS, PRWCA has experience together with available facilities and resources to provide wine industry education and marketing services that will enhance the economic vitality of Paso Robles; and
WHEREAS, the CITY desires to have PRWCA provide these services in order to facilitate economic development throughout the City; and
WHEREAS, PRWCA is willing to provide services hereinafter set forth on behalf of the CITY in the manner and for the purpose hereinafter provided.
CITY and PRWCA hereby enter into this Agreement to set forth the terms and conditions relating to certain public relations services to be provided by the PRWCA.
I. PRWCA RESPONSIBILITIES. The PRWCA shall provide and maintain programs that strengthen the long-term viability of the Paso Robles wine industry, thus enhancing the economic vitality of the CITY. Such services shall include, but are not limited to:
a. Trade Outreach - The PRWCA hosts wine buyers and sommeliers from around the country to increase the purchase of distributed Paso Robles wine and influence consumer purchasing behavior.
b. Industry Education - Monthly meetings and quarterly seminars provideslocal wine industry employees with new and improved skills which translates to improved quality in the vineyards, wineries and hospitality settings such as tasting rooms, restaurants and hotels.
c. Wine-Specific Marketing - The PRWCA's marketing program is dedicated to the promotion of Paso Robles as a producer of world-class wine and is distinct from the general destination marketing being done by other destination marketing organizations. The PRWCA's marketing plan includes out-of-county advertising, wine events, content marketing, social media, wine-oriented media
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tours, a PR sampling program, and wine-related materials including the Paso Robles Wine Country Visitor's Guide and pasowine.com. This marketing strategy promotes the sale of Paso Robles bottled wine and grapes, as well as wine tourism, a key contributor to the strength of the Paso Robles economy. d. Economic Development Collaboration - The PRWCA is a key stakeholder in the City's economic development ecosystem. CITY is in the process of implementing its updated economic development strategic plan, which includes specific recommendations and actions to diversify and strengthen the Paso Robles economy. PRWCA agrees to assist CITY in carrying out objectives and action items contained within the plan. PRWCA commits to attend meetings, conferences, and other events where attendance is deemed essential to implementing the CITY's economic development strategy.
PRWCA will continue to align workplans with the Chamber of Commerce and Travel Paso to strategically develop complementary programs that increase and expand the economic base of Paso Robles.
e. Use of PRWCA Marketing Assets - PRWCA commits to provide marketing materials and other assets at the request of the CITY at no additional cost for non-commercial use by the CITY. This includes, but is not limited to utilizing PRWCA assets, services, or industry partnerships to enhance marketing efforts at CITY facilities, public spaces and in other forms as mutually agreed upon.
2. COMPENSATION. In consideration of the services performed by PRWCA pursuant to this Agreement, and so long as PRWCA is not in default under any of the provisions of this Agreement, CITY shall:
A. Disburse $85,000 to cover services for the 2024-25 fiscal year payable upon the CITY's receipt of an invoice from PRWCA no sooner than December 30, 2024.
B. Disburse $85,000 to cover services for the 2025-26 fiscal year payable upon the CITY's receipt of an invoice from PRWCA no sooner than December 30, 2025.
C. In the event that the City Council is compelled to reduce General Fund budget expenditures at any time during the term of this Agreement, the amount of the payments under this Agreement may need to be reduced, as determined by CITY.
CITY shall notify PRWCA of any such reduction as early as is reasonably feasible and understands that any reduction in the CITY'S payment shall result in a proportionate reduction in PRWCA services provided under this Agreement and/or a modification to the PRWCA's budget.
D. During the term of this Agreement, PRWCA shall make efforts to secure other sources of funding for its services in lieu of CITY funds in order to reduce reliance on CITY funds. If the PRWCA is successful in developing alternative funding, such as a Wine Marketing District or similar, the CITY reserves the right to revisit the terms of this Agreement.
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3. PRWCA'S FINANCIAL RECORDKEEPING AND REPORTING. Upon 15 days' notice to the PRWCA, CITY shall have the right to examine the books, records, and accounts of the PRWCA at any reasonable time in the PRWCA'S offices.
4. POLITICAL ACTIVITY. PRWCA shall not use any monies received under this Agreement for the endorsement, opposition or participation in any political or lobbying activity, including but not limited to, involved in the support or opposition to any candidate for public office or proposed ballot measure.
5. INDEMNIFICATION, HOLD HARMLESS. PRWCA shall indemnify, defend and hold CITY, its members, officers, directors, agents and employees free and harmless from any and all claims, damages, losses and expenses including attorney fees arising out of the performance by PRWCA of the services provided for hereunder, caused in whole or in part by any act of PRWCA, its officers, employees or agents in carrying out the terms of this Agreement.
6. INSURANCE. PRWCA agrees to maintain in full force and effect, at its sole cost and expense, during the term of this Agreement the following insurance:
a. Workers' Compensation in accordance with State law, for all of its employees engaged in the work and services to be provided under this Agreement. b. General Liability in an amount not less than One Million Dollars ($1,000,000) combined single limit liability per occurrence with a Two Million Dollars ($2,000,000) aggregate.
i. All such insurance policies shall be carried with insurance companies satisfactory to the CITY and shall name the CITY, its officers, agents, and employees as additional insured with respect to the work and services being performed under this Agreement. PRWCA shall cause to be furnished to the CITY certificates of insurance stating that such insurance is in full force and effect; that the premiums thereon have been paid; and that the insurance carrier will give the CITY at least thirty (30) days prior written notice of cancellation, termination or modification.
ii. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by the PRWCA or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to the CITY.
7. EVENTS. PRWCA agrees to comply with the CITY's Facilities Use Agreement standards and protocols when the PRWCA organizes events on CITY property, including the downtown city park. Event insurance coverage shall be provided independently for each event and be subject to the CITY's Facilities Use Agreement standards. The PRWCA shall be independently responsible for the contract/business relationship with vendors at their events, including assurance that they have appropriate
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insurance coverage and that the vendor has an appropriate CITY business license in place to participate in the event.
8. INDEPENDENT CONTRACTOR; NOT AGENT. Notwithstanding any other representation, oral or written, between the parties, including any and all agents or representatives thereof, the PRWCA is at all times during the term of this Agreement acting as a free and independent contractor, and shall not be an employee or an agent of the CITY.
a. Except as CITY may authorize in writing, PRWCA shall have no authority, express or implied to act on behalf of CITY in any capacity whatsoever as an agent.
PRWCA shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligations whatsoever.
9. CONFLICT OF INTEREST. PRWCA shall not enter into any contract or agreement that will create a conflict of interest with its duties to CITY under this Agreement. a. No member, official or employee of CITY shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to this Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is directly or indirectly interested. The PRWCA warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Agreement.
10. LICENSES, PERMITS. PRWCA represents and warrants to CITY that it has and shall maintain at all times during the term of this Agreement, at its sole cost and expense, all business licenses, permits, qualifications and approvals of whatsoever nature which are legally required for PRWCA to provide the services hereunder.
11. STANDARD OF PERFORMANCE. PRWCA shall perform all services required pursuant to this Agreement in a manner and according to the standards observed by a competent practitioner of the profession in which PRWCA is engaged. All products and services of any nature which PRWCA provides to CITY shall conform to the standards of quality normally observed by licensed, competent organizations practicing in PRWCA's profession.
a. PRWCA shall devote such time to the performance of services as may be reasonably necessary for the satisfactory performance of PRWCA's obligations pursuant to this Agreement. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by any cause, present or future, which is beyond the reasonable control of the parties.
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b. PRWCA agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services pursuant to this Agreement.
12. REVERSION OF FUNDS AND PROPERTY. During the term of this Agreement should the PRWCA be dissolved, disbanded, or otherwise cease to function in a manner described in this Agreement, all funds attributable to the CITY, and equipment purchased out of funds provided by the CITY, shall revert to ownership of the CITY.
For the purpose of this provision, the PRWCA shall maintain a written record of, and include as part of each annual report, a listing of capital equipment that has been purchased with the funds provided by the CITY.
13. TERM. The term of this Agreement shall be expiring June 30, 2026, unless terminated earlier in accordance with Section 16 or 17 below.
14. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligations pursuant to this Agreement shall be void and of no effect.
15. NON-DISCRIMINATION. PRWCA agrees to comply with all fair employment practice laws of the state and federal government. PRWCA covenants and agrees for itself, its successors, its assigns and every successor in interest, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, medical condition, disability, marital status, ancestry or national origin in the provision of any services to be provided by PRWCA hereunder, nor shall PRWCA or any person claiming under or through PRWCA establish or permit any such practice or practices of discrimination or segregation in the provision of any services to be provided by PRWCA hereunder.
16. DEFAULT. The failure of the Parties to abide by any of the terms of this Agreement shall constitute a default under this Agreement. If either party fails to cure any such default within five (5) days of receiving notice from the other party of such default, then this Agreement may be terminated by giving ten (10) days written notice of such termination. Upon any such termination, the CITY shall determine the prorated amount due to or from PRWCA based on the date of the termination and the date of payment (if applicable) for the respective fiscal year.
17. TERMINATION. In addition to termination pursuant to Section 13 or 16 above, this Agreement may be terminated in whole or in part at any time by either party hereto upon written notice to the other as identified below. In the event of any termination of this Agreement, all rights and obligations of both parties hereto shall terminate as of the date of such termination. Upon any such termination, the CITY shall determine the prorated amount due to or from PRWCA based on the date of the termination and the date of payment for the applicable fiscal year.
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18. NOTICES. All notices pursuant to this Agreement shall be in writing and mailed, postage prepaid, first class, or personally delivered, to the addresses set forth below, or such other address as a party may designate in writing.
19. FULL AGREEMENT AND AMENDMENT. This document represents the entire understanding between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may only be amended by a writing signed by both parties.
20. SEVERABILITY. Should any provision of this Agreement be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable. This Agreement shall in all respects be governed by the laws of the State of California.
21. ATTORNEY'S FEES. In the event suit is brought for the enforcement, or interpretation, of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees.
IN WITNESS WHEREOF, this Agreement is hereby executed as of the day and year first herein above written.
THE CITY OF EL PASO DE ROBLES
1000 Spring Street
Paso Robles, CA 93446
PASO ROBLES WINE COUNTRY ALLIANCE
1446 Spring St, Suite 103
Paso Robles, CA 93446
By ______
Ty Lewis, City Manager
By
Joel Peterson, Executive Director
ATTEST:
By:
Melissa Boyer
City Clerk
Approved as to Form:
By: _
Elizabeth Hull
City Attorney
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AGREEMENT BETWEEN THE CITY OF EL PASO DE ROBLES AND
THE PASO ROBLES CHAMBER OF COMMERCE INC.
FOR VISITOR CENTER SERVICES – FY 2024-25 & 2025-26
THIS AGREEMENT ("Agreement"), effective _______, 2024, is made and entered into this ____ day of ______ 2024, by and between the City of El Paso de Robles, hereafter referred to as the “CITY”, and the Paso Robles & Templeton Chamber of Commerce, Inc., hereinafter referred to as “CHAMBER”.
WHEREAS, CHAMBER has experience together with available facilities to provide visitor center services necessary to enhance the economic vitality of Paso Robles; and
WHEREAS, the CITY desires to have CHAMBER provide these services in order to facilitate economic development throughout the City; and WHEREAS, CHAMBER is willing to provide services hereinafter set forth on behalf of the CITY in the manner and for the purpose hereinafter provided.
CITY and CHAMBER hereby enter into this Agreement to set forth the terms and conditions relating to certain visitor center services to be provided by the CHAMBER.
1. CHAMBER RESPONSIBILITIES. The CHAMBER shall provide and perform services to facilitate the welcoming and hospitality of visitors to Paso Robles, in a manner designed to promote the unique character, heritage and special attributes of the community and enhance the economic vitality of the CITY. Such services shall include, but are not limited to:
A. Maintaining a public office in a central location in Downtown Paso Robles to provide information to visitors and interested citizens. CHAMBER agrees to conduct Visitor Center hours in a manner which serves to complement visitor patterns to Paso Robles, including Friday and weekend travelers. The Visitors Center is presently located at 1225 Park Street. CITY acknowledges that the present location of the Visitors Center may be relocated to another suitable downtown location, subject to City's reasonable consent, during the term of this Agreement. CHAMBER agrees to provide 30 days advance written notice to CITY of any proposed relocation of the Visitors Center.
Visitors Center hours may vary based on statistical data, seasonal tourist traffic, and county health guidelines; however, staff will work a combined number of hours with a minimum of 50 hours per week which may include
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field training, wine/tourism/hospitality educational opportunities and familiarization tours. With the exception to opening six days a week during off season periods and traditionally established shoulder season months, the center will operate and welcome guests seven days a week paying special attention to high-traffic event weekends and nationally recognized holidays when statistical data will be utilized to determine needs. Visibility of Visitor Center. CHAMBER agrees to maintain the Visitor Center’s visibility (recognizable to travelers as “The Visitor Center”) within the parameters of the City’s zoning and sign design standards.
B. Providing visitor information that suits the needs of visitors to the Paso Robles area and promotes the unique character, heritage and special attributes of the community, including but not limited to:
Providing a high level of personal customer service to visitors to the Visitor Center, including Concierge services and personal itinerary building and retaining an adequate number of trained employees to handle the fluctuations and seasonal flow of such visitors.
Responding promptly (same business day) to high volumes of information requests including telephone calls and emails.
Serving as a contact for information requests from potential visitors, as well as a referral agency to local area lodging and other resources. Maintaining an electronic annual events calendar on the CHAMBER website.
In the Visitor Center dispensing and displaying supplies of hotel/motel directories, visitor’s guides, brochures, pamphlets, and general statistics, information about the community, and tourism partner generated collateral (including but not limited to materials from Travel Paso, Paso Robles Event Center, Paso Robles Wine Country Alliance, and Downtown Main Street). In the Visitor Center, providing a digital kiosk and digital signage to increase visitation to local area attractions and encourage an increase in the length of visitors’ stays.
Distributing Visitor Center marketing collateral to local hotels to encourage tourist to use the services of the Visitor Center.
C. Continuing operation of CHAMBER’S website with electronic links to/from all other Paso Robles area visitor serving websites including, but not limited to, CITY, Travel Paso, Wine Country Alliance, Events Center, and Downtown Main Street.
D. Maintaining the CHAMBER’S involvement in tourism by addressing each of the following:
a. Communication Campaign
3 Attachment 3
b. Tracking Mechanisms
c. Staff Development
d. Retail Items
e. Facility Upgrades
f. Tourism/Hospitality Promotions
g. Economic Development
h. DMO Partnership
E. The CHAMBER is a key stakeholder in the City’s economic development ecosystem. CITY is in the process of implementing its updated economic development strategic plan, which includes specific recommendations and actions to diversify and strengthen the Paso Robles economy. CHAMBER agrees to assist CITY in carrying out objectives and action items contained within the plan. CHAMBER commits to attend meetings, conferences, and other events where attendance is deemed advantageous to implementing the CITY’s economic development strategy.
CHAMBER will continue to align workplans with the Paso Robles Wine Country Alliance and Travel Paso to strategically develop complementary programs that increase and expand the economic base of Paso Robles.
F. CHAMBER commits to provide pre-existing or planned for production marketing materials and other assets at the request of the CITY at no additional cost for non-commercial use by the CITY. This includes, but is not limited to utilizing CHAMBER assets, services, or industry partnerships to enhance marketing efforts at CITY facilities, public spaces and in other forms as mutually agreed upon.
G. Providing an annual written report to the City Manager’s Office, which includes the following information:
Summary of website visits & information provided during the fiscal year. Number of visitors to the Visitor Center annually and by quarter. Type and quantity of materials dispensed from the Visitors Center on a quarterly basis.
Summary of telephone and email information requests received. Type and quantity of any special materials distributed to groups. Number of Destination Guides mailed and visitor site referrals made. Summary of expenditures incurred by the CHAMBER during the fiscal year for the services provided under this Agreement.
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2. COMPENSATION. In consideration of the services performed by CHAMBER pursuant to this Agreement, and so long as CHAMBER is not in default under any of the provisions of this Agreement, CITY will make payments to the CHAMBER as follows:
A. Disburse $115,000 to coverservicesforthe 2024-25 fiscal year payable upon the CITY’s receipt of an invoice from CHAMBER no sooner than December 30, 2024.
B. Disburse $115,000 to coverservicesforthe 2025-26 fiscal year payable upon the CITY’s receipt of an invoice from CHAMBER no sooner than December 30, 2025.
A. In the event that the City Council is compelled to reduce General Fund budget expenditures at any time during the term of this Agreement, the amount of the payments under this Agreement may need to be reduced, as determined by CITY. CITY shall notify CHAMBER of any such reduction as early as is reasonably feasible and understands that any reduction in the CITY's payment shall result in a proportionate reduction in CHAMBER services provided under this Agreement and/or a modification to the CHAMBER’S budget.
3. VISITOR CENTER ANNUAL BUDGET. CHAMBER shall, by April 1 of contract termination year, submit to the CITY for review by the City Council, a budget and plan for Visitors Center services to be provided by the CHAMBER during the next following fiscal year covered by this Agreement. The budget shall include all funds to be received from CITY during such fiscal year and how those funds are proposed to be spent.
CHAMBER will provide an annual report of the Visitors Center services plan implementation.
4. CHAMBER’S FINANCIAL RECORDKEEPING AND REPORTING. Upon 15 days’ notice to the CHAMBER, CITY shall have the right to examine the books, records, and accounts of the CHAMBER as it relates to the Visitor Center, at any reasonable time in the CHAMBER’S offices.
5. USE OF FUNDS; PROHIBITION AGAINST POLITICAL ACTIVITY.
CHAMBER shall not use any monies received under this Agreement for the endorsement, opposition or participation in any political or lobbying activity, including but not limited to, involved in the support or opposition to any candidate for public office or proposed ballot measure.
6. INDEMNIFICATION, HOLD HARMLESS. CHAMBER shall indemnify, defend and hold CITY, its members, officers, directors, agents and employees free and harmless from any and all claims, damages, losses and expenses including attorney fees arising out of the performance by CHAMBER of the
5 Attachment 3
services provided for hereunder, caused in whole or in part by any act of CHAMBER, its officers, employees or agents in carrying out the terms of this Agreement.
7. INSURANCE. CHAMBER agrees to maintain in full force and effect, at its sole cost and expense, during the term of this Agreement the following insurance:
a. Workers' Compensation in accordance with State law, for all of its employees engaged in the work and services to be provided under this Agreement.
b. General Liability in an amount not less than One Million Dollars ($1,000,000) combined single limit liability per occurrence with a Two Million Dollars ($2,000,000) aggregate.
All such insurance policies shall be carried with insurance companies satisfactory to the CITY and shall name the CITY, its officers, agents, and employees as additional insured with respect to the work and services being performed under this Agreement. CHAMBER shall cause to be furnished to the CITY certificates of insurance stating that such insurance is in full force and effect; that the premiums thereon have been paid; and that the insurance carrier will give the CITY at least thirty (30) days prior written notice of cancellation, termination or modification.
It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by the CHAMBER or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to the CITY.
8. EVENTS. CHAMBER agrees to comply with the CITY’s Facilities Use Agreement standards and protocols when the CHAMBER organizes events on CITY property, including the downtown city park. Event insurance coverage shall be provided independently for each event and be subject to the CITY’s Facilities Use Agreement standards. The CHAMBER shall be independently responsible for the contract/business relationship with vendors at their events, including assurance that they have appropriate insurance coverage, and that the vendor has an appropriate CITY business license in place to participate in the event.
9. INDEPENDENT CONTRACTOR; NOT AGENT. Notwithstanding any other representation, oral or written, between the parties, including any and all agents or representatives thereof, the CHAMBER is at all times during the term of this Agreement acting as a free and independent contractor, and shall not be an employee or an agent of the CITY.
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Except as CITY may authorize in writing, CHAMBER shall have no authority, express or implied to act on behalf of CITY in any capacity whatsoever as an agent. CHAMBER shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligations whatsoever.
10. CONFLICT OF INTEREST. CHAMBER shall not enter into any contract or agreement that will create a conflict of interest with its duties to CITY under this Agreement.
No member, official or employee of CITY shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to this Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is directly or indirectly interested. The CHAMBER warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Agreement.
11. LICENSES, PERMITS. CHAMBER represents and warrants to CITY that is has, and shall maintain at all times during the term of this Agreement, at its sole cost and expense, all business licenses, permits, qualifications and approvals of whatsoever nature which are legally required for CHAMBER to provide the services hereunder.
12. STANDARD OF PERFORMANCE. CHAMBER shall perform all services required pursuant to this Agreement in a manner and according to the standards observed by a competent practitioner of the profession in which CHAMBER is engaged. All products and services of any nature which CHAMBER provides to CITY and to visitors to the Visitors Center shall conform to the standards of quality normally observed by licensed, competent organizations practicing in CHAMBER's profession.
CHAMBER shall devote such time to the performance of services as may be reasonably necessary for the satisfactory performance of CHAMBER's obligations pursuant to this Agreement. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by any cause, present or future, which is beyond the reasonable control of the parties.
CHAMBER agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services pursuant to this Agreement.
13. REVERSION OF FUNDS AND PROPERTY. During the term of this Agreement should the CHAMBER be dissolved, disbanded, or otherwise cease to function in a manner described in this Agreement, all funds attributable to the CITY, and equipment purchased out of funds provided by the CITY, shall
7 Attachment 3
revert to ownership of the CITY. For the purpose of this provision, the CHAMBER shall maintain a written record of, and include as part of each annual report, a listing of capital equipment that has been purchased with the funds provided by the CITY.
14. TERM. The term of this Agreement shall be for a 24-month period beginning July 1, 2024, and expiring June 30, 2026, unlessterminated earlier in accordance with Section 17 below.
15. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligations pursuant to this Agreement shall be void and of no effect.
16. NON-DISCRIMINATION. CHAMBER agrees to comply with all fair employment practice laws of the state and federal government. CHAMBER covenants and agrees for itself, its successors, its assigns and every successor in interest, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, medical condition, disability, marital status, ancestry or national origin in the provision of any services to be provided by CHAMBER hereunder, nor shall CHAMBER or any person claiming under or through CHAMBER establish or permit any such practice or practices of discrimination of segregation in the provision of any services to be provided by CHAMBER hereunder.
17. DEFAULT. The failure of the Parties to abide by any of the terms of this Agreement shall constitute a default under this Agreement. If either party fails to cure any such default within five (5) days of receiving notice from the other party of such default, then this Agreement may be terminated by giving ten (10) days written notice of such termination. Upon any such termination, the final payment to be paid under Section 2, above, shall be adjusted on a pro rata basis, based on a 30-day month, to the date of such termination, and if applicable, CHAMBER shall immediately return to CITY any amounts previously paid by CITY for any period subsequent to the date of such termination.
18. NOTICES. All notices pursuant to this Agreement shall be in writing and mailed, postage prepaid, first class, or personally delivered, to the addresses set forth below, or such other address as a party may designate in writing.
19. FULL AGREEMENT AND AMENDMENT. This document represents the entire understanding between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may only be amended by a writing signed by both parties.
8 Attachment 3
20. SEVERABILITY. Should any provision of this Agreement be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable. This Agreement shall in all respects be governed by the laws of the State of California.
21. ATTORNEY’S FEES. In the event suit is brought for the enforcement, or interpretation, of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees.
IN WITNESS WHEREOF, this Agreement is hereby executed as of the day and year first hereinabove written.
THE CITY OF EL PASO DE ROBLES PASO ROBLES CHAMBER OF COMMERCE 1000 Spring Street 1225 Park Street
Paso Robles, CA 93446 Paso Robles, CA 93446
By: By:
Ty Lewis, City Manager Rich Clayton, Chairman of the Board By:
Gina M. Fitzpatrick, President/CEO
ATTEST:
By:
Melissa Boyer
City Clerk
Approved as to Form:
By:
Elizabeth Hull
City Attorney
Council Agenda Report
From: Ricky Lehr, Police Commander
Subject: Annual Report on Military Equipment Use Pursuant to Assembly Bill 481 and Renewal of Ordinance No. 1119
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: July 16, 2024
Facts
1. Assembly Bill(AB) 481 went into law in 2021 and requireslaw enforcement agencies to obtain approval of a Military Equipment Use Policy through that agency’s governing body (i.e., City Council) prior to taking certain actions related to funding, acquisition, or use of military equipment.
2. On June 21, 2022, the City adopted Ordinance 1119 N.S., approving the Military Equipment Use Policy.
3. In accordance with the Policy, the Chief of police, or the designee, must annually submit to the City Council a military equipment report which details information about how and when the military equipment was used in the preceding calendar year (Government Code 7072).
4. The Paso Robles Police Department possesses and uses equipment regulated by this ordinance (Attachment 1).
5. The Police Department has implemented a military use policy in accordance with Assembly Bill 481 (Attachment 2). Per the policy, section 706.1, the Paso Robles Police Department must submit an annual report for military equipment use.
6. The term “military equipment” is defined in California Government Code 7070(c) and includes many items which are considered industry standard, are commercially produced, not obtained from the military.
7. AB 481 also requires the City Council to review and vote on whether to renew the military equipment use ordinance at a regular meeting (Government Code 7071).
Options
1. Take no action;
2. Approve the annual military equipment report pursuant to California Government Code 7072 and vote to renew Ordinance 1119 N.S.;
3. Provide alternative direction to staff.
Analysis and Conclusions
AB 481 was enacted to increase transparency, accountability, and oversight surrounding the use and acquisition of military equipment by state and local law enforcement. It requires law enforcement agencies to obtain approval from the legislative bodies that oversee them before purchasing, raising
funds for, or acquiring military equipment, by any means. Law enforcement agencies are also required to obtain approval by theirlegislative bodies before collaboratingwith anotherlawenforcement agency in the deployment or use of military equipment within the law enforcement agencies’ jurisdiction, or before using any new or existing military equipment not previously approved.
Under AB 481, a governing body approval must take the form of an ordinance adopting a publicly released, written military equipment use policy, which must address a number of specific topics, including the type, quantity, capabilities, purposes, and authorized uses of each type of military equipment,the fiscal impact oftheir acquisition and use,the legal and proceduralrulesthat govern their use, the training required by any officer allowed to use them, the mechanisms in place to ensure policy compliance, and the procedures by which the public may register complaints. This ordinance must be renewed by a vote of the governing body each year.
AB 481 also requires any law enforcement agency that receives approval for the use of military equipment to submit annual reports to the governing body regarding the use of the equipment, any complaintsreceived, any internal audits or otherinformation about violations ofthe military equipment use policy, the cost of such use, and other similar information. Law enforcement incidents can be unpredictable and complex. In order to de-escalate violent and tense situations at times special equipment, tools or resources may be necessary to reduce the possibility of harm to community members, individuals directly involved in the incident and officers and increase the likelihood of a positive outcome. Items identified as “military equipment” include, but are not limited to, unmanned aerial (Drones)or groundvehicles, bulletproof vehicles, pepperballs, lesslethal 40mmprojectile launchers and distraction devices. These tools have been tested in the field and are used to help enhance citizen safety, officer safety and reduce the need for escalation of force. They are commonly utilized by law enforcement and their use is considered best practices. The Department has not discovered other reasonable alternatives for these tools that can achieve the same objectives of community member safety and officer safety as these tools can do.
TheDepartmentis committed to utilizing equipmentthat helpsto safeguard the community and reduce the risk of escalating volatile situations that might rise to the level of a lethal encounter.
The ordinance and Policy #706 provide forsafeguardsto the public’ssafety, welfare, and civilrights and ensures transparency, oversight and accountability measures are in place. The Department will be required to conduct annual audits of the equipment to ensure compliance with the policy, annually report to City Council the use of this equipment, seek approval prior to purchasing tools deemed to be “military equipment.”
The Paso Robles Police Department has not purchased, added, or retired any approved military equipment over the past year.
Fiscal Impact
None.
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)
Receive and file the Annual Military Equipment Use Report pursuant to Assembly Bill 481.
Attachments
1. Military Equipment Annual Report
2. Paso Robles Police Department Military Equipment Policy No. 706
Attachment 1
MILITARY EQUIPMENT
1. Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely.
a. Description, quantity, and capabilities.
i. DJI MAVIC ENTERPRISE DUAL ADVANCED, cost: approx. $7,000 with accessories. Purchased 1 no cost for the second, was received on County Homeland Security Grant, quantity: 2, UAS that has a color and inferred camera as well as audible speaker and light. Capable of video recording and weighs approximately 899 grams, approx. 30 minutes of flight time. ii. DJI MAVIC MINI, cost: $500 each, quantity: 2. Miniature UAS that weighs approximately 249 grams and is able to record video and audio with approximately 30 minutes of flight time.
b. Purpose
To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
i. Major collision investigations.
ii. Search for missing persons.
iii. Natural disaster management.
iv. Crime scene photography.
v. SWAT, tactical or other public safety and life preservation missions. vi. In response to specific requests from local, state or federal fire authorities for fire response and/or prevention.
c. Authorized Use
Only assigned operators who have completed the required training and received a Part 107 Remote Pilot Certificate, shall be permitted to operate any UAS during approved missions. The Department currently has 7 certified UAS pilots. d. Expected Life Span
All UAS equipment, 3-4 years.
e. Fiscal Impact
Annual maintenance and battery replacement cost is approximately $ 2,000 f. Training
Attachment 1
All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend training updates throughout the year. The department conducted 4 hours of UAS training. g. Legal and Procedural Rules
Use is established under FAA Regulation 14 CFR Part 107, and Department policy. It is the policy of the Department to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.
h. Complaints
The Department has not received any any complaints concerning the use of UAS.
2. 40 MM Launchers and Rounds: 40MM Launchers are utilized by Department personnel as a less lethal tool to launch impact rounds. a. Description, quantity, and capabilities.
i. DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER, cost
$1100, quantity: 12. The 40MM Single Launcher is a tactical single shot launcher that features a rifle type stock and a Front Grip (FG) with light rail. It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40MM less lethal round up to 131 feet and is only authorized to be used by officers who have received training from a Peace Officer Standards and Training “POST” certified instructor. ii. DEFENSE TECHNOLOGY, 40MM CS FERRET, cost $ 30 per round, quantity: 30. The ferret round is deployed from a 40mm launcher and contains CS (2-chlorobenzylidene malononitrile) gas. The ferret is used to deploy CS gas from a safe distance.
iii. DEFENSE TECHNOLOGY, 40MM EXTENDED RANGE DIRECT
IMPACT, cost $30 per round, quantity: 40. A less lethal light weight expanding foam projectile used for longer distances.
iv. DEFENSE TECHNOLOGY, 40MM STANDARD RANGE DIRECT
IMPACT, cost $30 per round; quantity: 120. A less lethal light weight expanding foam projectile used for close range applications. b. Purpose
To limit the escalation of conflict.
c. Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
Attachment 1
v. Training exercises or approved demonstrations.
d. Lifespan
DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER, – 15 years.
DEFENSE TECHNOLOGY, 40MM CS FERRET – 5 years.
DEFENSE TECHNOLOGY, 40MM EXTENDED RANGE DIRECT – 5 years. e. Fiscal Impact
Annual maintenance is approximately $10 for each launcher. f. Training
Sworn members utilizing 40MM less lethal chemical agents or impact rounds are trained in there use by POST certified less lethal and chemical agent’s instructors. g. Legal and Procedural Rules
It is the policy of the DEPARTMENT to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
h. Complaints
The Department has not received any any complaints concerning the use of 40MM Launchers.
3. Distraction Devices: A device used to distract dangerous persons. a. Description, quantity, and capabilities.
i. DEFENSE TECHNOLOGY, model 8902 Distraction Device, quantity: 3. A low roll distraction device that produces a loud bang with a bright light.
Ideal for distracting dangerous suspects during a hostage rescue, room entry or other high-risk arrest situations.
ii. LIBERTY DYNAMIC, Reloadable Noise Flash Diversion Device, cost $130 each, quantity: 16. A low roll distraction device that produces a loud bang with a bright light. Ideal for distracting dangerous suspects during a hostage rescue, room entry or other high-risk arrest situations. iii. LIBERTY DYNAMIC, Reload for Noise Flash Diversion Device, cost $45 each, quantity: 24. This is the reload for the distraction device once it has been used.
b. Purpose
A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric overpressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage. c. Authorized Use
Diversionary Devices shall only be used:
Attachment 1
i. By officers who have been trained in their proper use. ii. In hostage and barricaded subject situations.
iii. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.
iv. During other high-risk situations where their use would enhance officer safety.
iv. During training exercises.
d. Lifespan
DEFENSE TECHNOLOGY, model 8902 Distraction Device - 5 years.
LIBERTY DYNAMIC, Noise Flash Diversion Device – 5 years. e. Fiscal Impact
No annual maintenance.
f. Training
Prior to use, officers must attend diversionary device training that is conducted by POST certified instructors.
g. Legal and Procedural Rules
It is the policy of the DEPARTMENT to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
h. Complaints
The Department has not received any any complaints concerning the use of Distraction Devices. .
8. Rifles: Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance. a. Description, quantity, and capabilities.
i. Barrett .50 Caliber rifle, Model 82A1M, no cost, rifle was donated covering the entire estimated cost of $8500 each, quantity: 1. A semi-automatic rifle used by officers assigned to the special weapons and tactics “SWAT” team as snipers. The use of the rifle is reserved for disabling a vehicle in incidents where lethal force is justified, and no other reasonable means exist to stop the vehicle to protect innocent life.
ii. Barret .50 Caliber Ammunition, M33 661GR rifle round, cost $10 per round, quantity 60. A FMJ bullet designed to penetrate barriers. iii. Accuracy International.308 caliber rifle, Model R11894, cost $4,500, quantity: 2. A highly accurate and durable bolt action rifle used by officers assigned to the SWAT team as snipers.
Attachment 1
iv. Hornady .308 Caliber Ammunition, 168GR ELD TAP, cost $1.25 per round. quantity:1000. A highly accurate round designed to penetrate common barriers but prevent overpenetration.
b. Purpose
To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.
c. Authorized Use
Only members that are POST certified are authorized to use a rifle. d. Lifespan
Barrett .50 Caliber rifle, Model 82A1M - 15 years.
Barret .50 Caliber Ammunition, M33 661gr rifle round – 5 years.
Accuracy International .308 caliber rifle, Model R11894 – 15 years.
Hornady .308 Caliber Ammunition, 168gr ELD TAP – 5 years. e. Fiscal Impact
Annual maintenance is approximately $50 for each firearm. f. Training
Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year.
g. Legal and Procedural Rules
It is the policy of the DEPARTMENT to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. h. Complaints
The Department has not received any any complaints concerning the use of Rifles.
9. Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.
a. Description, quantity, and capabilities.
i. COMBINED TACTICAL SYSTEMS, SMOKE CANISTER (5210 B), cost $38, quantity: 6. When deployed, the canister emits a cloud of smoke used to cover or conceal movement. The canister is baffled to reduce the risk of fire and is indoor safe.
ii. COMBINED TACTICAL SYSTEMS, Triple-PHASER CS CANISTER (5231), cost $44 each, quantity: 8. The canister consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing for an increased dispersal area of CS gas. The canister is designed for outdoor use in crowd control situations. Page 187 of 419 City Council Agenda July 16, 2024 Attachment 1
b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
c. Authorized Use
Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.
d. Lifespan
COMBINED TACTICAL SYSTEMS, SMOKE CANISTER (5210 B) - 5 years.
COMBINED TACTICAL SYSTEMS, Triple-PHASER CS CANISTER (5231) – 5 years. e. Fiscal Impact
No annual maintenance
f. Training
Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agents instructors.
g. Legal and Procedural Rules
It is the policy of the DEPARTMENT to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
h. Complaints
The Department has not received any any complaints concerning the use of Chemical Agent and Smoke Canisters:.
10. PepperBall Launcher: A device that discharges irritant projectiles. a. Description, quantity, and capabilities.
i. TIPPMANN PEPPERBALL LAUNCHER, cost $800, quantity: 2. The TIPPMANN is a compressed-air powered launcher designed to fire nonlethal PepperBall projectiles. ii. PEPPERBALL LIVE PROJECTILE, cost $2.38, quantity: 480. The LIVE projectile contains 2% PAVA pepper powder, and is designed for direct impact and area saturation, especially in confined, interior spaces.
Discharged from a PepperBall Launcher, the projectile has a velocityPage 188 of 419 of City Council Agenda July 16, 2024 Attachment 1
280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 0.5% PAVA Powder. iii. PEPPERBALL GLASS BREAKER PROJECTILE, cost $2.90, quantity:
40. The GLASS BREAKER is designed to break glass in tactical situations. Discharged from a PepperBall Launcher it is loaded one at a time.
b. Purpose
To limit the escalation of conflict. Situations for use of the less lethal weapon systems may include but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
c. Authorized Use
Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers.
d. Lifespan
PEPPERBALL SX LAUNCHER - 15 years.
PEPPERBALL LIVE PROJECTILE – 5 years.
PEPPERBALL GLASS BREAKER PROJECTLE – 5 years.
e. Fiscal Impact
Annual maintenance is approximately $25 for each launcher.
No annual maintenance for munitions.
f. Training
Sworn members utilizing PepperBall launchers and projectiles are trained in there use by POST certified less lethal and chemical agents instructors. g. Legal and Procedural Rules
It is the policy of the DEPARTMENT to utilize PepperBall only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
h. Complaints
The Department has not received any any complaints concerning the use of PepperBall Launchers.
11. Shotgun Breaching Tools: Tools that are used to conduct an explosive breach.
a. Description, quantity, and capabilities. Page 189 of 419 City Council Agenda July 16, 2024 Attachment 1
i. BENELLI M4 BREACHING SHOTGUN, cost $1,900 each, quantity: 1.
This weapon allows for breachers to safely utilize shotgun breaching rounds in order to destroy deadbolts, locks, and hinges. The stand-off that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure. ii. ROYAL ARMS TESAR-2 BACK CAP 425 GRAIN COPPER FRANGILBE BREACHING ROUND, cost $4.50 per round, quantity: 20. The round is fired from a breaching shotgun and is used to destroy deadbolts, locks and hinges.
b. Purpose
To safely gain entry into a structure.
c. Authorized Use
Shotgun breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. d. Lifespan
BENELLI M4 BREACHING SHOTGUN – 15 years.
ROYAL ARMS TESAR-2 FRANGILBE BREACHING ROUND – 5 years. e. Fiscal Impact
Annual maintenance is approximately $10 for shotgun.
No annual maintenance for munitions.
f. Training
All officers who use shotgun breaching tools shall be certified by POST instructors in the operation and use of shotgun breaching.
g. Legal and Procedural Rules
It is the policy of the DEPARTMENT to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law. h. Complaints
The Department has not received any any complaints concerning the use of Shotgun Breaching Tools.
12. Additional Information:
The Department has not retired any approved military equipment over the past year and currently does not intend to acquire amy additional military equipment at this time.
Paso Robles Police Department
Paso Robles PD Policy Manual
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The City of Paso Robles City Council ("City Council").
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by the City Council or a state agency to require additional oversight.
Pursuant to Government Code § 7070(c), the following are not military equipment:
Policy
706
Attachment 2
• Police versions of standard consumer vehicles
• Unarmored all-terrain vehicles (ATVs) and motorized dirt bikes • Items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person
• Standard issue shotguns
• Standard issue shotgun ammunition
• Standard issue service weapons and ammunition of less than.50 caliber • Standard service-issued handheld pepper spray
• General equipment not designated as prohibited or controlled by the federal Defense Logistics Agency
706.2 POLICY
It is the policy of the Paso Robles Police Department that members of this department comply with the provisions of Government Code § 7070 through 7075 with respect to the approval for, acquisition, funding, and use of, and reporting regarding military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Administrative Commander shall designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to City Council for matters related to the requirements of this policy. (b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by City Council.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Paso Robles Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
Attachment 2
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
See attachment: MILITARY EQUIPMENT LIST PRPD.pdf
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from City Council by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to City Council and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by City Council prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved City Council.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
This policy recognizes the need for agencies to provide assistance to each other, whether in ongoing combined or regional operations, occasional planned operations, or in exigent circumstances. Military equipment used by other agencies that are providing mutual aid to the City of Paso Robles, or otherwise engaged in law enforcement operations, shall comply with their respective military equipment use policies in rendering mutual aid or carrying out a law enforcement function to related to a criminal matter under their investigation.
Attachment 2
706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.
The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(a) A summary of how the military equipment was used and the purpose of its use. (b) A summary of any complaints or concerns received concerning the military equipment. (c) The quantity possessed for each type of military equipment. (d) If the department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment (Government Code §7072). 706.9 EXTRAORDINARY CIRCUMSTANCES
This policy also recognizes that there may be very limited or extreme instances where incidents of extraordinary nature could demand the need for incident commanders to authorize Department personnel to use equipment not specified in this policy. This decision must be influenced by the totality of the circumstances, including the due regard for the public's safety, officer safety, respecting civil rights, seriousness of the situation, and other information available at that time.
Should such extreme instances occur that call for members of this Department to use equipment not specified in this policy, the incident commander shall, if practical, notify the Chief of Police via the chain of command prior to deploying such equipment. Should such circumstances occur, the Chief of Police or his/her designee, shall notify the City Council as soon as practical, and indicate any such uses in the required annual report.
Attachment 2
706.10 COMPLAINT PROCESS
Members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment in this policy by following the Department complaint process.
Attachment 2
Paso Robles PD Policy Manual
Attachments
Attachment 2
Paso Robles PD Policy Manual
MILITARY EQUIPMENT LIST PRPD.pdf
Attachment
Attachment 2
MILITARY EQUIPMENT
1. Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely.
a. Description, quantity, and capabilities.
i. DJI MAVIC ENTERPRISE DUAL ADVANCED, cost: approx. $7,000 with accessories. Purchased 1 no cost for the second, was received on County Homeland Security Grant, quantity: 2, UAS that has a color and inferred camera as well as audible speaker and light. Capable of video recording and weighs approximately 899 grams, approx. 30 minutes of flight time. ii. DJI MAVIC MINI, cost: $500 each, quantity: 7. Miniature UAS that weighs approximately 249 grams and is able to record video and audio with approximately 30 minutes of flight time.
b. Purpose
To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
i. Major collision investigations.
ii. Search for missing persons.
iii. Natural disaster management.
iv. Crime scene photography.
v. SWAT, tactical or other public safety and life preservation missions. vi. In response to specific requests from local, state or federal fire authorities for fire response and/or prevention.
c. Authorized Use
Only assigned operators who have completed the required training and received a Part 107 Remote Pilot Certificate, shall be permitted to operate any UAS during approved missions.
d. Expected Life Span
All UAS equipment, 3-4 years.
e. Fiscal Impact
Annual maintenance and battery replacement cost is approximately $ 2,000 f. Training
Attachment 2
All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend training updates throughout the year.
g. Legal and Procedural Rules
Use is established under FAA Regulation 14 CFR Part 107, and Department policy. It is the policy of the Department to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.
2. 40 MM Launchers and Rounds: 40MM Launchers are utilized by Department personnel as a less lethal tool to launch impact rounds. a. Description, quantity, and capabilities.
i. DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER, cost
$1100, quantity: 12. The 40MM Single Launcher is a tactical single shot launcher that features a rifle type stock and a Front Grip (FG) with light rail. It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40MM less lethal round up to 131 feet and is only authorized to be used by officers who have received training from a Peace Officer Standards and Training “POST” certified instructor. ii. DEFENSE TECHNOLOGY, 40MM CS FERRET, cost $ 30 per round, quantity: 30. The ferret round is deployed from a 40mm launcher and contains CS (2-chlorobenzylidene malononitrile) gas. The ferret is used to deploy CS gas from a safe distance.
iii. DEFENSE TECHNOLOGY, 40MM EXTENDED RANGE DIRECT
IMPACT, cost $30 per round, quantity: 40. A less lethal light weight expanding foam projectile used for longer distances.
iv. DEFENSE TECHNOLOGY, 40MM STANDARD RANGE DIRECT
IMPACT, cost $30 per round; quantity: 120. A less lethal light weight expanding foam projectile used for close range applications. b. Purpose
To limit the escalation of conflict.
c. Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
Attachment 2
v. Training exercises or approved demonstrations.
d. Lifespan
DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER, – 15 years.
DEFENSE TECHNOLOGY, 40MM CS FERRET – 5 years.
DEFENSE TECHNOLOGY, 40MM EXTENDED RANGE DIRECT – 5 years. e. Fiscal Impact
Annual maintenance is approximately $10 for each launcher. f. Training
Sworn members utilizing 40MM less lethal chemical agents or impact rounds are trained in there use by POST certified less lethal and chemical agent’s instructors. e. Legal and Procedural Rules
It is the policy of the DEPARTMENT to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
3. Distraction Devices: A device used to distract dangerous persons. a. Description, quantity, and capabilities.
i. DEFENSE TECHNOLOGY, model 8902 Distraction Device, quantity: 3. A low roll distraction device that produces a loud bang with a bright light.
Ideal for distracting dangerous suspects during a hostage rescue, room entry or other high-risk arrest situations.
ii. LIBERTY DYNAMIC, Reloadable Noise Flash Diversion Device, cost $130 each, quantity: 16. A low roll distraction device that produces a loud bang with a bright light. Ideal for distracting dangerous suspects during a hostage rescue, room entry or other high-risk arrest situations. iii. LIBERTY DYNAMIC, Reload for Noise Flash Diversion Device, cost $45 each, quantity: 24. This is the reload for the distraction device once it has been used.
b. Purpose
A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric overpressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage. c. Authorized Use
Diversionary Devices shall only be used:
Attachment 2
i. By officers who have been trained in their proper use. ii. In hostage and barricaded subject situations.
iii. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.
iv. During other high-risk situations where their use would enhance officer safety.
iv. During training exercises.
d. Lifespan
DEFENSE TECHNOLOGY, model 8902 Distraction Device - 5 years.
LIBERTY DYNAMIC, Noise Flash Diversion Device – 5 years. e. Fiscal Impact
No annual maintenance.
f. Training
Prior to use, officers must attend divisionary device training that is conducted by POST certified instructors.
g. Legal and Procedural Rules
It is the policy of the DEPARTMENT to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
8. Rifles: Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance. a. Description, quantity, and capabilities.
i. Barrett .50 Caliber rifle, Model 82A1M, no cost, rifle was donated covering the entire estimated cost of $8500 each, quantity: 1. A semi-automatic rifle used by officers assigned to the special weapons and tactics “SWAT” team as snipers. The use of the rifle is reserved for disabling a vehicle in incidents where lethal force is justified, and no other reasonable means exist to stop the vehicle to protect innocent life.
ii. Barret .50 Caliber Ammunition, M33 661GR rifle round, cost $10 per round, quantity 60. A FMJ bullet designed to penetrate barriers. iii. Accuracy International.308 caliber rifle, Model R11894, cost $4,500, quantity: 2. A highly accurate and durable bolt action rifle used by officers assigned to the SWAT team as snipers.
Attachment 2
iv. Hornady .308 Caliber Ammunition, 168GR ELD TAP, cost $1.25 per round. quantity:1000. A highly accurate round designed to penetrate common barriers but prevent overpenetration.
b. Purpose
To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.
c. Authorized Use
Only members that are POST certified are authorized to use a rifle. d. Lifespan
Barrett .50 Caliber rifle, Model 82A1M - 15 years.
Barret .50 Caliber Ammunition, M33 661gr rifle round – 5 years.
Accuracy International .308 caliber rifle, Model R11894 – 15 years.
Hornady .308 Caliber Ammunition, 168gr ELD TAP – 5 years. e. Fiscal Impact
Annual maintenance is approximately $50 for each firearm. f. Training
Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year.
g. Legal and Procedural Rules
It is the policy of the DEPARTMENT to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
9. Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.
a. Description, quantity, and capabilities.
i. COMBINED TACTICAL SYSTEMS, SMOKE CANISTER (5210 B), cost $38, quantity: 6. When deployed, the canister emits a cloud of smoke used to cover or conceal movement. The canister is baffled to reduce the risk of fire and is indoor safe.
ii. COMBINED TACTICAL SYSTEMS, Triple-PHASER CS CANISTER (5231), cost $44 each, quantity: 8. The canister consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing for an increased dispersal area of CS gas. The canister is designed for outdoor use in crowd control situations.
Attachment 2
b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
c. Authorized Use
Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.
d. Lifespan
COMBINED TACTICAL SYSTEMS, SMOKE CANISTER (5210 B) - 5 years.
COMBINED TACTICAL SYSTEMS, Triple-PHASER CS CANISTER (5231) – 5 years. e. Fiscal Impact
No annual maintenance
f. Training
Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agents instructors.
g. Legal and Procedural Rules
It is the policy of the DEPARTMENT to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
10. PepperBall Launcher: A device that discharges irritant projectiles. a. Description, quantity, and capabilities.
i. TIPPMANN PEPPERBALL LAUNCHER, cost $800, quantity: 2. The TIPPMANN is a compressed-air powered launcher designed to fire nonlethal PepperBall projectiles. ii. PEPPERBALL LIVE PROJECTILE, cost $2.38, quantity: 480. The LIVE projectile contains 2% PAVA pepper powder, and is designed for direct impact and area saturation, especially in confined, interior spaces.
Discharged from a PepperBall Launcher, the projectile has a velocity of Attachment 2
280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 0.5% PAVA Powder. iii. PEPPERBALL GLASS BREAKER PROJECTILE, cost $2.90, quantity:
40. The GLASS BREAKER is designed to break glass in tactical situations. Discharged from a PepperBall Launcher it is loaded one at a time.
b. Purpose
To limit the escalation of conflict. Situations for use of the less lethal weapon systems may include but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
c. Authorized Use
Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers.
d. Lifespan
PEPPERBALL SX LAUNCHER - 15 years.
PEPPERBALL LIVE PROJECTILE – 5 years.
PEPPERBALL GLASS BREAKER PROJECTLE – 5 years.
e. Fiscal Impact
Annual maintenance is approximately $25 for each launcher.
No annual maintenance for munitions.
f. Training
Sworn members utilizing PepperBall launchers and projectiles are trained in there use by POST certified less lethal and chemical agents instructors. g. Legal and Procedural Rules
It is the policy of the DEPARTMENT to utilize PepperBall only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
11. Shotgun Breaching Tools: Tools that are used to conduct an explosive breach. a. Description, quantity, and capabilities.
Attachment 2
i. BENELLI M4 BREACHING SHOTGUN, cost $1,900 each, quantity: 1.
This weapon allows for breachers to safely utilize shotgun breaching rounds in order to destroy deadbolts, locks, and hinges. The stand-off that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure. ii. ROYAL ARMS TESAR-2 BACK CAP 425 GRAIN COPPER FRANGILBE BREACHING ROUND, cost $4.50 per round, quantity: 20. The round is fired from a breaching shotgun and is used to destroy deadbolts, locks and hinges.
b. Purpose
To safely gain entry into a structure.
c. Authorized Use
Shotgun breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. d. Lifespan
BENELLI M4 BREACHING SHOTGUN – 15 years.
ROYAL ARMS TESAR-2 FRANGILBE BREACHING ROUND – 5 years. e. Fiscal Impact
Annual maintenance is approximately $10 for shotgun.
No annual maintenance for munitions.
f. Training
All officers who use shotgun breaching tools shall be certified by POST instructors in the operation and use of shotgun breaching.
g. Legal and Procedural Rules
It is the policy of the DEPARTMENT to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.
Attachment 2
Council Agenda Report
From: Rick Lehr, Police Commander
Subject: Second Reading by Title Only and Adoption of Ordinance No. 1141, Repealing Ordinance No. 489, Which Amended Section 8.08.055 of the Paso Robles Municipal Code to Restrict Dogs in Public Places
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: July 16, 2024
Facts
1. On March 20, 1984, the City Council adopted Ordinance No. 489, adding Section 8.08.055 to the City of Paso Robles Municipal Code (PRMC), to regulate the control of dogs in public parks and set fines in connection with such conduct.
2. Currently, the City’s PRMC prohibits dogs from being on the grounds of public City parks, with enforcement up to the seizure and impoundment of the dog(s).
3. Repealing Ordinance No. 489 would allow dogs in City parks; however, all relevant state and local laws relating to animal control remain intact.
4. On June 4, 2024, the City Council introduced for first reading, an ordinance amending Section 8.08.055 of the Paso Robles Municipal Code (PRMC). If passed tonight, the ordinance will take effect on August 13, 2024, 30-days after the second reading.
Options
1. Take no action (if the Council takes no action to approve the proposed ordinance, Ordinance No. 489 would remain in effect);
2. Approve the second reading by title only and adopt Ordinance No. 1141 N.S., repealing Ordinance No. 489, and amending portions of Chapter 8.08.055 of the Paso Robles Municipal Code relating to Dogs in Public Places;
3. Provide alternative direction to staff.
Analysis and Conclusions
In 1984, the City Council passed an ordinance which aimed at regulating the control of dogs or any other animal in public parks and establishing fines for related conduct. Since that time, the utilization of parks has evolved, and dogs have become more commonplace within City Parks. Today, locals and visitors regularly bring dogs to City parks, notwithstanding the prohibition. In an effort to align with current practices while encouraging the use of outdoor public spaces, the City’s Municipal Code needs to be updated to allow for dogs to be in City parks.
During the first reading of the ordinance, Councilmember Bausch had indicated that there was a deed restriction that prohibited dogs from being in City Park. To provide clarity and to ensure compliance with
any deed restrictions, staff pulled a title report and attempted to get all related available documents.
Based on these documents and staff research, there was nothing found that would prohibit the action the City Council is considering.
By solely repealing section 8.08.055, the City maintains the ability to enforce all other pertinent state and local laws concerning animal control. This includes laws that require dogs to be on a leash and related to animal owner responsibilities as it relates to aggressive animals. This change ensures that while dogs are allowed in parks, responsible ownership rules and adherence to existing regulations remain in effect.
Fiscal Impact
None
CEQA
The City finds that this action is not a project under the California Environmental Quality Act pursuant to State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.
Recommendation (Option 2)
Approve the second reading by title only and adopt Ordinance 1141, repealing Ordinance No. 489, which amends Section 8.08.055 of the Paso Robles Municipal Code to regulate the control of dogs in public places.
Attachments
1. Ordinance 1141 N.S. - Repealing Section 8.08.055 of the Municipal Code Relating to Dogs in Public Places
Attachment 1
ORDINANCE 1141 N. S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES REPEALING SECTION 8.08.055 OF THE PASO ROBLES MUNICIPAL CODE
REGARDING DOGS IN PUBLIC PLACES
WHEREAS, on March 20, 1984, the City Council adopted Ordinance No. 489, adding Section 8.08.055 to the City of El Paso de Robles Municipal Code to regulate the control of dogs in public parks and set fines in connection with such conduct; and
WHEREAS, the City no longer desires to prevent dogs from being on the grounds of public City parks, or to enforce the seizure and impoundment of all dogs found in public parks; and WHEREAS, the City will continue to abide by all relevant state and local laws relating to animal control.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council hereby finds and declares that all of the Recitals above are true and correct and are incorporated herein by this reference.
Section 2. Section 8.08.055 of the City of El Paso de Robles Municipal Code is hereby repealed and deleted in its entirety.
Section 3. The City Council finds that this Ordinance is not a project under the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378, because it has no potential for resulting in physical change in the environment, directly or indirectly.
Section 4. If any section, subsection, clause or phrase in this Ordinance or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of this Ordinance or the application of such provisions to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases or the application thereof to any person or circumstance be held invalid.
Section 5. The City Clerk shall certify the adoption of this Ordinance and shall post or publish this Ordinance as required by law.
Section 6. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after the date of its final passage and adoption.
INTRODUCED at a regular meeting of the City Council held on the 4 th day of June, 2024, and passed
and adopted by the City Council of the City of El Paso de Robles on the 16th day of July, 2024 by the following roll call vote:
AYES:
NOES:
Attachment 1
ABSTAIN:
ABSENT:
__________________________________
John Hamon, Mayor
ATTEST:
_________________________________
Melissa Boyer, City Clerk
Council Agenda Report
From: Ditas Esperanza, Capital Projects Engineer
Subject: Rejection of all Bids for Sierra Bonita Neighborhood Road Repairs CEQA Determination: The City finds that this action to reject all bids is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.) Alternatively, the decision to reject all bids is exempt from CEQA on the basis that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061, subd. (b)(3).) Date: July 16, 2024
Facts
1. On February 4, 2020, City Council approved the Updated Six-Year Street Maintenance and Repair Plan which outlines the specific street segments anticipated to be constructed over the remaining years of Measure E-12, the City’s half-cent supplemental sales tax. The roads within the Sierra Bonita neighborhood were anticipated for rehabilitation this year.
2. In preparation, the City completed curb ramp upgrades to meet the Americans with Disabilities Act (ADA) requirements and old water service lines were upgraded and repaired for over 400 services in the neighborhood.
3. As the water service upgrade was nearing completion, staff prepared the design and bid documents to repair and resurface the roads in the neighborhood.
4. At the bid opening on May 30, 2024, the City received three (3) bids. The engineer’s estimate for the project is $ 2,750,000. The bids received were as follows:
Construction Company Bid Amount
Papich Construction $2,227,995
Cen-Cal Construction $2,275,000
CalPortland Construction $2,294,000
5. On June 4, 2024, the City received a notice from the Gas Company that they are upgrading the existing gas mains within the Sierra Bonita neighborhood (see attached exhibit for further detail).
6. This requires the road to be trenched to install new gas mains. The Gas Company’s project will be completed in two phases beginning June 17, 2024, and will last approximately 17 weeks.
Options
1. Take no action;
2. Reject all bids for Sierra Bonita Neighborhood Road Repairs at this time, and re-advertise once the Gas Company has completed their project;
3. Provide alternative direction to staff.
Analysis and Conclusions
Since the Gas Company is trenching the same roads included in this repair project, it is in the City’s best interest to postpone the road repairs within the Sierra Bonita neighborhood until the Gas Company project is completed.
Fiscal Impact
There is no fiscal impact in rejecting the bids received.
CEQA
The City finds that this action to reject all bids is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.) Alternatively, the decision to reject all bids is exempt from CEQA on the basis that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061, subd. (b)(3).) Recommendation (Option 2)
Adopt Resolution No. 24-XXX, rejecting all bids received for Sierra Bonita Neighborhood Road Repairs and authorize staff to re-advertise once the Gas Company completes their project.
Attachments
1. Resolution No. 24-XXX
a. Exhibit of the Gas Company’s Proposed work
Attachment 1
RESOLUTION 24-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES
AUTHORIZING CITY COUNCIL TO REJECT ALL BIDS RECEIVED FOR SIERRA BONITA NEIGHBORHOOD
ROAD REPAIRS
WHEREAS, the roads within the Sierra Bonita neighborhood are included in the City’s Road Repair Plan using Measure E12 & J20 funds; and
WHEREAS, in preparation for the road repairs the City completed curb ramp upgrades and upgraded and repaired old water service lines in the neighborhood; and WHEREAS, as the water service upgrade was nearing completion, staff prepared the design and bid documents to repair and resurface the roads in the neighborhood; and WHEREAS, bid documents were prepared and advertised for bids. At the bid opening on May 30, 2024, three (3) bids were received ranging from $2,227,995 to $2,294,000, with an engineer’s estimate of $2,750,000; and
WHEREAS, on June 4, 2024, the City received a notice from the Gas Company that they are planning to upgrade the existing gas mains within the Sierra Bonita neighborhood, and trench the roads scheduled to be repaired; and
WHEREAS, it is recommended that the City Council reject all the bids received for Sierra Bonita Neighborhood Road Repairs and direct staff to solicit new bids once the Gas Company’s project is complete.
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. Approve staff’s recommendation to reject all bids for Sierra Bonita Neighborhood Road Repairs and re-advertise for bids once the Gas Company project is completed.
Section 3. CEQA Determination: The City finds that this action to reject all bids is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.) Alternatively, the decision to reject all bids is exempt from CEQA on the basis that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061, subd. (b)(3).)
APPROVED this 16th day of July, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Attachment 1
John Hamon, Mayor
ATTEST:
Melissa Boyer, City Clerk
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EXHIBIT A
Council Agenda Report
From: Ditas Esperanza, Capital Projects Engineer
Subject: Approval of Payment to PG&E to Install Conduits for Power to the South Vine Bridge Lighting System
CEQA Determination: The City finds that this action is categorically exempt under the California Environmental Quality Act, a Class 3 exemption, pursuant to State CEQA Guidelines, §§ 15303,which applies to the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.
Date: July 16, 2024
Facts
1. The Paso Robles Gateway Annexation project is located northwest of the intersection of Highway 101 and Highway 46 West and includes the development of two hotels with 325 rooms, three commercial centers with approximately 75,600 square feet, a 30,000 square-foot conference center, 17 workforce residential units, and up to 80 resort residential units or a third hotel with 100 rooms.
2. The City Council-approved Development Agreement (DA) requires the realignment of South Vine Street with Theatre Drive, which involves not only construction of a new road, but also construction of a bridge in order to connect to Highway 46 West; this road alignment changes the existing intersection at Theatre Drive and Highway 46 West into a four-way signalized intersection.
3. The bridge design includes a lighting system that will require a power source to be provided by PG&E, and as such, staff applied to PG&E for the power source. PG&E will be installing conduits across Highway 46 West to tie-in into a service drop at the southeast corner of Theatre Drive and Highway
46. 4. The City’s Purchasing Policy requires any expenditure in excess of $100,000 must also be approved by the City Council. PG&E fees to install the infrastructure for this power source is $285,657.75.
Consistent with City’s Purchasing Policy, PG&E is the only provider accepted by the Public Utilities Commission to complete the infrastructure work contemplated by this action.
Options
1. Take no action;
2. Authorize a payment to PG&E to install infrastructure to provide a power source to the South Vine Bridge Lighting System, in the amount of $285,657.75; or
3. Provide alternative direction to staff.
Analysis and Conclusions
The construction of the South Vine Street bridge and road realignment is part of the City’s DA with the developer of the property. Staff is coordinating construction of the project and anticipates beginning in the next few months. Finalizing project design includes payment to PG&E to provide the infrastructure
required to provide power for the South Vine Bridge Lighting System. In accordance with the DA, the City is responsible for constructing the bridge and road within 7-years of annexation, which occurred on December 20, 2021.
Fiscal Impact
PG&E’s fees to install the infrastructure for this power source is $285,657.75. This was anticipated and included in the adopted project budget, and therefore, no further action is required.
CEQA
The City finds that this action is categorically exempt under the California Environmental Quality Act, a Class 3 exemption, pursuant to State CEQA Guidelines, §§ 15303,which applies to the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.
Recommendation (Option 2)
Approve Resolution 24-XXX, authorizing the payment to PG&E to install infrastructure to provide a power source to the South Vine Bridge Lighting System, in the amount of $285,657.75, and find the action exempt from CEQA.
Attachments
1. Resolution No. 24-XXX
2. PG&E Payment Coupon
3. PG&E Design
Attachment 1
RESOLUTION 24-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES
AUTHORIZING PAYMENT TO PG&E TO INSTALL CONDUITS FOR POWER TO THE SOUTH VINE BRIDGE
LIGHTING SYSTEM
WHEREAS, the Paso Robles Gateway Annexation project is located northwest of the intersection of Highway 101 and Highway 46 West and includes the development of two hotels with 325 rooms, three commercial centers with approximately 75,600 square feet, a 30,000 square-foot conference center, 17 workforce residential units, and up to 80 resort residential units or a third hotel with 100 rooms; and
WHEREAS, the City Council-approved Development Agreement (DA) requires the realignment of South Vine Street with Theatre Drive, which involves not only construction of a new road, but also construction of a bridge in order to connect to Highway 46 West; this road alignment changes the existing intersection at Theatre Drive and Highway 46 West into a four-way signalized intersection; and WHEREAS the bridge design includes a lighting system that will require a power source to be provided by PG&E; and
WHEREAS, staff applied to PG&E for the power source with fees to install the infrastructure totaling $285,657.75.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. All of the above recitals are true and correct and incorporated herein by reference.
Section 2. Authorize a payment to PG&E to install infrastructure to provide a power source to the South Vine Bridge Lighting System, in the amount of $285,657.75.
Section 3. The City finds that this action is categorically exempt under the California Environmental Quality Act, a Class 3 exemption, pursuant to State CEQA Guidelines, §§ 15303,which applies to the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.
APPROVED this 16th day of July, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Attachment 1
John Hamon, Mayor
ATTEST:
Melissa Boyer, City Clerk
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ATTACHMENT 3
Council Agenda Report
From: Ditas Esperanza, Capital Projects Engineer
Subject: Approve a Change Order to a Contract with Stantec for Project Approval and Environmental Documents for the Niblick Road Corridor Plan CEQA Determination: The City finds that this action is exempt under the California Environmental Quality Act pursuant to State CEQA Guidelines, §§ 15061, subd. (b)(2)-(3), 15378, subd. (b)(2) and (b)(5) on the basis that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Date: July 16, 2024
Facts
1. In May 2018, the City was awarded a State grant to develop the Niblick Road Complete and Sustainable Streets Plan (Corridor Plan).
2. The grant was awarded to assist the City in developing a comprehensive, multimodal Corridor Plan for Niblick Road, identifying priority projects within the corridor as well as outlining project implementation funding plans.
3. The focus of the Corridor Plan is on designing tools and strategies to improve safety, access, and mobility for all modes of transportation, including walking, bicycling, transit, and motor vehicles.
4. The Plan includes detailed recommendations for physical changes to the roadway, sidewalks, bikeways, intersections, traffic controls and programmatic measures that support all users.
5. In December 2022, the California Transportation Commission (CTC) awarded the City an ATP Grant for the full scope of the project. The total project budget is $17.3 million with a required City match of $3.4 million. The ATP grant funds $13.9 million or about 80 percent of the total estimated project costs.
6. CTC allocates the grant in phases and on March 22, 2023, an allocation was approved for the Project Approval and Environmental Documents (PAED) phase. Design and construction funding is proposed to be allocated by the CTC in Fiscal Years 2024-25 and 26-27, respectively.
7. In early January 2023, the City issued a Request for Proposal (RFP) for PAED. The RFP was posted at www.ciplist.com and on the City’s website. Twenty-eight firms downloaded the RFP. On May 3, 2023, the City Council awarded a contract to Stantec for the PAED phase of the Niblick Corridor Project.
8. The improvements proposed along the Niblick Corridor from Spring Street to Creston Road will transform the corridor substantially with regards to pedestrian and bikeway access. And as such, it would benefit the project to provide a robust set of illustrative exhibits to present to the public, as part of the environmental documents.
Community Outreach
An extensive community outreach program was conducted to gather the input of the public, businesses, school district, and transportation stakeholders. The focus was on designing tools and strategies to improve safety, access, and mobility for all modes of transportation, including walking, bicycling, transit,
and motor vehicles. Public input was gathered as part of a design charrette and Corridor Walk completed during the week of November 4, 2019, as shown below.
The project started with a corridor walk that was conducted to experience and observe existing conditions.
City staff also visited the Engineering class at Paso Robles High School to gather student input. The students provided excellent information and proposed a solution to crossing conflicts at Rambouillet Road. The project also included an informal steering committee with members representing the School District, City Council, Planning Commission, local businesses, bicycle and pedestrian interests and nearby residents. The group met twice to provide the City with feedback on draft plans and the grant process.
Steering Committee Meeting reviewing information collected in the corridor and draft corridor options A survey was developed and released to gather Niblick Road user input on the three potential corridor alternatives. The survey gathered over 900 unique responses and provided valuable input on public preferences (Figure 1). Lastly, City staff presented the three Corridor Plan Alternatives at a City Council
Meeting for public input. The feedback ensured that the Corridor Plan reflects the community’s needs and priorities.
Options
1. Take no action;
2. Approve a change order in the amount of $106,600 to Stantec to provide additional services and illustrative exhibits to refine the project aesthetic features to support the Project Approval Environmental Documents (PAED) for the Niblick Road Corridor Project; or
3. Provide alternative direction to staff.
Analysis and Conclusions
Since the award of contract on May 3, 2023, Stantec has been diligently preparing the technical studies and analysis reports to support the environmental documents that will ultimately be circulated to the public and conclude with its adoption by the City Council. The project scope includes a comprehensive overhaul of the Corridor that will include a raised multi-purpose path with a barrier to protect pedestrians and bicyclists from traffic, enhancements to existing block walls, enhancements and improvements of pedestrian crossings, signage, and lighting. During design development review, it became apparent that it would be beneficial for the public and all other stakeholders to be able to review and visualize these improvements with robust illustrative exhibits. These illustrative exhibits will strongly support the environmental documents for acceptance and approvals. To that end as a change order to its contract, Stantec will be preparing these exhibits in the amount of $106,600, as detailed in the attached scope of work for additional services.
Fiscal Impact
The City will be reimbursed for the cost of these additional services by the ATP Grant, in the amount of $106,600, and no other action is required.
CEQA
CEQA Determination: The City finds that this action is exempt under the California Environmental Quality Act pursuant to State CEQA Guidelines, §§ 15061, subd. (b)(2)-(3), 15378, subd. (b)(2) and (b)(5) on the basis that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Recommendation (Option 2)
Approve Resolution No. 24-XXX, authorizing a change order in the amount of $106,600 to Stantec’s contract for the preparation of additional services and illustrative exhibits to refine the project aesthetic features to support the Project Approval Environmental Documents (PAED) for the Niblick Road Corridor Project.
Attachments
1. Resolution No. 24-XXX – Niblick Corridor Plan Change Order
2. Stantec Additional Scope of Work
Attachment 1
RESOLUTION 24-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES
AUTHORIZING THE CITY MANAGER TO APPROVE A CHANGE ORDER TO A CONTRACT WITH
STANTEC FOR PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENTS (PAED) FOR THE NIBLICK
ROAD CORRIDOR PLAN
WHEREAS, in May 2018, the City was awarded a State grant to develop the Niblick Road Complete and Sustainable Streets Plan (Corridor Plan); and
WHEREAS, the grant was awarded to assist the City in developing a comprehensive, multimodal corridor plan for Niblick Road, identifying priority projects within the corridor while also outlining project implementation funding plans; and
WHEREAS, the focus of the Corridor Plan is on design tools and strategies to improve safety, access, and mobility for all modes of transportation, including walking, bicycling, transit, and motor vehicles and includes detailed recommendations for physical changes to the roadway, sidewalks, bikeways, intersections, traffic controls and programmatic measures that support all users; and WHEREAS, between fall 2019 and summer 2020, City staff and consultants worked to develop alternatives for improvements to the corridor that reflected the objectives of the plan through robust public input and application of best practices. Three alternatives were developed and presented to City Council on February 6, 2020 for comment. The City Council provided input that in part directed staff to focus on Alternative C while incorporating the public input and postponing the Sherwood section to a later phase while also developing a project scope that appropriately balances the need to maximize safety and throughput, while minimizing construction and maintenance costs; and WHEREAS, on July 9, 2020, the City Council unanimously adopted the Corridor Plan, including a modified design of Alternative C and providing specific direction on the continuation of the improvements along Sherwood Road in light of future development in the area; and WHEREAS, the City applied for a Cycle 6 Active Transportation Program (ATP) Grant in December 2022 for the modified Alternative Cand in December 2022, the California Transportation Commission (CTC) awarded the City the ATP Grant for the full scope of the project; and WHEREAS, the total project budget is $17.3 million with a required City match of $3.4 million; and WHEREAS, the CTC allocates the grant in phases and on March 22, 2023, they approved an allocation for the PAED phase; and
WHEREAS, in early January 2023, the City issued a Request for Proposal (RFP) for PAED and on May 3, 2023, the City Council awarded a contract to Stantec for the PAED phase of the Niblick Corridor Project; and
WHEREAS, the improvements proposed along the Niblick Corridor from Spring Street to Creston Road will transform the corridor substantially with regards to pedestrian and bikeway access and it would benefit the project to provide a robust set of illustrative exhibits to present to the public, as part of the environmental documents.
Attachment 1
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. Direct the City Manager to approve a change order in the amount of $106,600 for Stantec to provide additional services and robust and illustrative exhibits to refine the project aesthetic features to support the Project Approval Environmental Documents (PAED), for the Niblick Road Corridor Project with the City being reimbursed for the cost of these additional services by the ATP Grant.
Section 3. CEQA Determination: The City finds that this action is exempt under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15061, subd. (b)(2)-(3), 15378, subd. (b)(2) and (b)(5) on the basis that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
APPROVED this 16th day of July, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John Hamon, Mayor
ATTEST:
Melissa Boyer, City Clerk
() Stantec
June 28th, 2024
Ms. Ditas Esperanza
City of El Paso Robles
Public Works Department
1000 Spring Street
Paso Robles, CA 93446
Stantec Architecture Inc.
Visioning. Brands. Experiences
1112 Pearl Street, Boulder CO 80302 US
Tel: 303 447-8202
Reference: Additional Services for Refining Project Features to Support PA/ED (PAED), Paso Robles, California.
Dear Ms. Esperanza,
Thank you for the opportunity to continue working with your team and to provide additional design services for refining project features along the Niblick Road as part of the on-going PA/ED.
The following proposal outlines Concept Design services to for landscape enhancements, placemaking features, and signage and wayfinding design, and roadway plan updates along Niblick Road, starting at Spring Street and ending at Creston Road.
We look forward to working with the City on this exciting transition. Should you have any questions regarding the below proposed scope of work, please contact Eric Snelling, Bridget Rice, or Buddy Hain.
PROJECT UNDERSTANDING & SCOPE
Niblick Road is a major east-west arterial in the southern portion of Paso Robles and provides access to three shopping centers, three schools, including Paso Robles High School, and several bike path trails running through adjacent residential neighborhoods.
In conjunction with the current scope of work by Stantec to provide a new 10-foot wide multi-use path and improve safety for pedestrians and bicyclists along Niblick Road, Stantec ViBE will provide conceptual design services for the following enhancements identified in the Visioning and Desired Outcomes Report dated 6/11/24:
• Enhanced Landscape Design at Select Areas - Salinas Trailhead, Lenco Park, Commercial Frontage Area, and Identified City-Owned Open Spaces
• Bikeway Separator Design - Spring Street entrance design, fence design, bollard selection • Enhanced Street Lighting - bollard integration, new overhead streetlight selection • New Wayfinding Signage Family for Pedestrian and Bike directionals • Permanent Decorative Banner Insets (cut metal options) • Concept Design for Temporary Banner Insets (no DD re: this being temporary and facilitated by the City for seasonal installs. If the City would like ViBE to develop design templates, that can be included in the next phase of design / as additional scope) • Identification of Public Art Opportunities
Design with community in mind
ATTACHMENT 2
June 28, 2024
Reference: Additional Services for Refining Project Features to Support PA/ED, Paso Robles, California • Wall Design / Treatment for Existing Street Walls** (included in scope, but City needs to first provide direction on approach with landowners / if walls will be demolished) • Custom Sidewalk graphics at school zone
• Bike infrastructure development re: protective and bike station features • Bus Shelter improvements - new design or added elements for enhancement • Gateway Features at Major Intersections (Spring Street, Salinas Trailhead, Creston Rd.) Once completed, roadway plans will be updated to include the revisions made during the ViBE design development process along with addressing comments received during our last submittal. Updates are anticipated to include:
• Basemap updates to include developer projects located on Niblick near South River and Creston Roads.
• Conceptual layout of a right-turn pocket at Paso Robles High School. • Updates to curb layout in front of Woodland Plaza.
• Inclusion of ViBE updates and address previously received comments.
No additional scope or fee is included in this proposal regarding attendance at public workshops, Planning Commission meetings and City Council meetings. Stantec representative attendance is already address in the current scope of services.
1.0 CONCEPTUAL DESIGN
Task 1.1 - Vision Concept Deck
The purpose of this phase is to help the Client make informed decisions early, as well as to articulate an overall project vision based on the Design Brief. Stantec will explore several ideas giving tangible form and character to the elements identified above in the Project Understanding (pulled from the Visioning and Desired Outcomes Report dated 6/11 /24).
Stantec VIBE will prepare a Vision Concept Deck that includes hand and computer-generated drawings for each typical placemaking element. These sketches will explore form, materiality, fabrication methods, graphic design, color, lighting, and landscaping. Sketches may include perspectives, overall plans, elevations, or sections. Vision Concept Deck drawings are not intended to include detailed, specific information for construction, accurate shop drawings, or detailed cost estimates. The drawings serve to communicate the design intent at a level sufficient to clearly describe the design options to the Client, stakeholders, and the community. A 3D Model of Niblick Road will be generated during this phase of work so design ideas can be presented in-situ.
Landscaping design at this phase will include a Preliminary Planting Plan & Narrative: Site plan illustrating tree species and location, plus planting concepts for all planting areas. The plan will also include images of the preliminary plant palette, such as proposed trees, shrubs and groundcovers.
Additionally, the Vision Concept Deck will include a Preliminary Signage and Placemaking Location Plan(s) approximately locating the above listed elements along Niblick Road. These plans will be developed as 2D line drawings.
Design with communi1)
1 in mind
ATTACHMENT 2
June 28, 2024
Reference: Additional Services for Refining Project Features to Support PA/ED, Paso Robles, California Stantec VIBE will setup virtual meetings to review the following:
Revisit the Visioning document and present an initial pass at possible aesthetic themes / design approaches in the form of precedent imagery.
50% & 100% conceptual design development for Client comment and direction. Revisions from the task will be address during the start of the Design Development task.
Task 1.1 Deliverables and Schedule:
Deliverables:
o 50%, and 100% Vision Concept Deck including Preliminary Signage, Placemaking Location Plan(s), and landscape palette ideas formatted into a multi-page 11 x 17 PDF presentation Meetings and Travel:
o No travel is anticipated during this task.
o Preliminary meeting to review the approved visioning document and review precedent look and feel images ahead of concept design development. - 60- minute meeting o 50% and 100% presentations - 60 to 90-minute virtual meeting Schedule: 4-6 weeks depending on Client schedule/ review turnaround time Task 1.2 - Roadway Updates
Upon completion of the Concept Deck, our Civil team will begin updates to the roadway plans prepared previously. Plans will be updated to include future roadway improvements by developers at the intersections of Niblick and South River Road, and Niblick and Creston Roads, and will provide conceptual design of a right-turn pocket at Paso Robles High School. Additionally, Stantec will prepare conceptual layout of the frontage at Woodland Plaza to enhance the safety of those using the multi-purpose trail. Comments on roadway and ramp layouts that were received on the last submittal will also be addressed.
Task 1.2 Deliverables and Schedule:
Deliverables:
o 30% Roadway Plans
Schedule: 4-6 weeks depending on receipt of developer CAD files and timeline of Concept Deck development
FEE SUMMARY
Total Professional Fee: $106,600
Reimbursable Expenses: Allowance for airfare, meals and accommodations, transportation, other travel related expenses, and any project expenses such as Fed Ex will be billed at cost in addition to professional fees.
Design with community ;n mind
ATTACHMENT 2
June 28, 2024
Reference: Additional Services for Refining Project Features to Support PA/ED, Paso Robles, California
TERMS AND CONDITIONS
The proposed scope and fee is an additional service to the original executed agreement. The proposed compensation is based on our understanding of the project, the scope of professional services, deliverables, project team, project schedule, form of agreement, and payment terms described in this proposal and in accordance with the existing contract. Should changes occur to any of these prior to or during the execution of the professional services, a commensurate adjustment to the proposed compensation will be made.
PROJECT ASSUMPTIONS & EXCLUSIONS
• Accurate 20/30 computer model or plans of existing context will be provided to Stantec ViBE prior to beginning work (Revit, Sketchup, etc.).
• Before work begins, the Client will give Stantec a rough Project Budget. • The City will appoint a Point Person / Representative that will be Stantec's primary contact and primary decision maker.
• Access to Client's photographic and content library will be provided as appropriate; additional stock photography will be sourced by Stantec ViBE and will be invoiced at cost or will be licensed directly through the Client.
• Scope does not include entitlement or additional city approval process meetings beyond that defined in this scope of services.
• All narrative and copywriting will be provided by the Client to Stantec ViBE • Digital content is not included in the above scope.
• All design is for aesthetic intent only. No engineering (mechanical, electrical, structural, data) or stamped drawings included in scope.
• Scope of Services for Construction Documents (60%-100%), Bid Negotiation, Fabrication, Production and Installation oversite are not included in this scope of work. • While general best practices relating to ADA will be considered, formal code review is not included in current scope. Stantec ViBE will work with guidelines provided by AOR. • No Rough Order (ROM) of Magnitude pricing included. Cost estimating to be done by clientselected 3 rd party.
• Documentation in addition to that noted in above deliverables specific to city review, permitting, etc. is not anticipated in the scope and will be considered an Additional Service. • Reviews and approvals from the Client will be prompt and thorough. If changes are made after approvals, the cost of implementing the changes will be considered an Additional Service. • It is assumed that the Project, as defined herein, will run continuously within the timeframe outlined in the schedule sections of each component part. Substantial changes to the design process duration may require amendments to the ensuing contract in order to account for any additional time.
• Additional meetings or deliverables that fall outside of what is defined herein may require amendments to the ensuing contract in order to account for any additional time and fee. • Developing a new City Brand Identity (logo, etc) is not included in this scope of fee. • Design/Engineering other than that provided within the Scope of Services. • Topography and boundary surveys.
• Legal descriptions of property.
• Soils testing and/or engineering.
Design with community in mind
ATTACHMENT 2
June 28, 2024
Reference: Additional Services for Refining Project Features to Support PA/ED, Paso Robles, California • Existing site engineering and utility base information. • Irrigation design services - if required, can be included as Additional Services. • Structural Engineering services for all site structures and hardscape features. • Mechanical/Electrical/Plumbing engineering services related to outdoor kitchens and/or fire features.
• Electrical Engineering services for exterior lighting. • Cost estimating of prepared design option(s).
Thank you again for your consideration. We look forward to the opportunity to partner with you in delivering an elevated corridor design strategy for Niblick Road.
Very Best,
Francis "Buddy" Hain, PE
Civil Engineer, Senior Associate
805.245.1059
[email protected]
Design with community in mind
Eric Snelling
Project Manager, Principal
805.250.2857
[email protected]
ATTACHMENT 2
Council Agenda Report
From: David Athey, Interim City Engineer/Deputy Community Development Director Subject: Acceptance of River Oaks II, Final Map 3105 - Phase 3 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: July 16, 2024
Facts
1. Dennis Moresco, representing River Oaks Reserve, LLC (Applicant), is requesting that the Final Map for Tract 3105-Phase 3 (Attachment 1), be accepted for recordation.
2. On August 8, 2017, the Planning Commission approved the Phased Vesting Tentative Map 3105.
3. Phased Vesting Tentative Map 3105 is comprised of five phases of 271 residential lots, with an additional 24 open-space and three road lots. Phase 3 includes 58 single-family residential lots. Phases 4 and 5 include the remaining 71 residential lots.
4. The Applicant is conditioned to construct public improvements for roads prior to Final Map recordation. The public improvements consist of water, recycled water, and sewer facilities.
5. The Applicant is requesting that the Final Map be recorded prior to installation of the public improvements. This is allowed per the City’s Municipal Code, if the Applicant signs a Subdivision Improvement Agreement and submits financial securities to guarantee the construction.
6. The Applicant has agreed to this condition and has submitted a signed Subdivision Improvement Agreement (Exhibit A, Attachment 2), as well as bonds for the financial assurances.
7. The lots must also be annexed into the City’s Community Facilities District (CFD) 2005-1. The City previously annexed the parent parcel into the CFD on April 2, 2024. The new lots created by this map will be automatically subject to the CFD tax because of the previous annexation.
8. The Applicant previously submitted Covenants, Conditions, and Restrictions (CCRs), and a tract maintenance mechanism for recordation with the Phase 1 Final Map. The Applicant has submitted evidence that Phase 3 will be annexed into the CCRs by the California Department of Real Estate.
9. The Applicant previously provided a signed agreement to connect to recycled water if offered by the City.
Options
1. Approve the Final Map acceptance and authorize the City Manager to enter into and record the Subdivision Improvement Agreement with The Vintage at River Oaks II, LLC to facilitate Final Map recordation, subject to any necessary modifications to the Agreement made in consultation with the City Attorney; or
2. Refer this item back to staff for additional analysis.
Analysis and Conclusions
The Applicant is currently grading and constructing Phase 3 infrastructure improvements to support the construction of the 58 single family units. The Applicant has filed a final map with the City and is now requesting that the map be recorded. However, the Applicant must first demonstrate compliance with the project’s conditions of approval to receive map recordation approval. The conditions of approval include construction of water, recycled water, sewer, and offsite road and waterline improvements. The City Engineer and City Surveyor have reviewed the Final Map and have determined that it is technically correct and ready to record pending a Subdivision Improvement Agreement, a draft of which is submitted in connection with this item.
A Subdivision Improvement Agreement allows the Applicant to record the final map prior to installing the improvements; the improvements still need to be constructed, they are simply delayed in accordance with the terms of the Agreement. As such, the Improvement Agreement includes financial securities that ensure improvements are completed even if the project is abandoned. The Applicant is using bonds as the financial security. The City’s Municipal Code and the Subdivision Map Act allow for this type of Subdivision Improvements Agreement, and the proposed Subdivision Improvement Agreement submitted in this case is reasonable and appropriate. The Applicant has reviewed the Subdivision Improvement Agreement and agrees with the terms. A draft of the Agreement is included as Exhibit A in Attachment 2.
Fiscal Impact
There is no fiscal impact as resulting from Tract 3105-3 recordation. The Tract’s fiscal impact on City Services is offset by the CFD tax levied on each lot and any other costs associated with this recordation are reimbursed by the Applicant.
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)
Approve Resolution 24-XXX:
1. Approve Final Tract Map 3105-3 for recordation and authorizing execution and recordation of the Final Map for Tract 3105-3, accepting the public offers of dedication listed in the Owner’s Statement, and directing the City Clerk to sign and seal the map; and
2. Authorize the City Manager to enter into a Phase 3 Subdivision Improvement Agreement, subject to any necessary modifications to the Agreement made in consultation with the City Attorney.
Attachments
1. Final Map 3105-3
2. Resolution 24-XXX – Accepting Final Map Tract 3105-3 for recordation and approving Subdivision Improvement Agreement.
A. Subdivision Improvement Agreement
Attachment 1
River Oaks II Final Map
Attachment 1
River Oaks II Final Map
Attachment 1
River Oaks II Final Map
Attachment 1
River Oaks II Final Map
Attachment 1
River Oaks II Final Map
Attachment 1
River Oaks II Final Map
Attachment 1
River Oaks II Final Map
Attachment 1
River Oaks II Final Map
Attachment 1
River Oaks II Final Map
Attachment 1
River Oaks II Final Map
Attachment 1
River Oaks II Final Map
Attachment 1
River Oaks II Final Map
Attachment 1
River Oaks II Final Map
Attachment 1
River Oaks II Final Map
Attachment 1
River Oaks II Final Map
Attachment 1
River Oaks II Final Map
Attachment 1
River Oaks II Final Map
Attachment 1
River Oaks II Final Map
Attachment 1
River Oaks II Final Map
Attachment 2
RESOLUTION 24-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES APPROVING THE FINAL MAP TRACT 3105-3 (PHASE 3) AND SUBDIVISION
IMPROVEMENT AGREEMENT
TRACT 3105-3
RIVER OAKS RESERVE, LLC
WHEREAS, the Planning Commission approved Phased Vesting Tentative Map 3105, on August 8, 2017; and
WHEREAS, Phased Vesting Tentative Map 3105-3 is comprised of five phases of 271 residential lots, 24 open-space and three road lots. Phase 3 includes 58 single-family residential lots. Phases 4 and 5 include the remaining 71 lots; and
WHEREAS, the River Oaks Reserve, LLC (Applicant) is conditioned to construct public improvements for roads prior to Final Map recordation. The public improvements consist of water, recycled water, sewer, and offsite road facilities; and
WHEREAS, the Applicant is requesting that the Final Map be recorded prior to installation of the public improvements. This is allowed per the City’s Municipal Code, and state subdivision law, if the Applicant signs a Subdivision Improvement Agreement (Improvement Agreement) and submits financial securities to guarantee the construction; and
WHEREAS, the Applicant is requesting that the City enter into a subdivision improvement agreement for the public improvements and monumentation and has provided financial assurances; and WHEREAS, the Applicant has submitted a signed Subdivision Improvement Agreement (Exhibit A) and has submitted bonds as the financial assurances; and
WHEREAS, City staff has reviewed the final tract map and finds it to be in substantial conformance with the approved tentative map and technically correct.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. All of the above recitals are true and correct and incorporated herein by reference.
Section 2. The City Council hereby approves the final map for Tract 3105-3 and authorizes the execution and recordation of the final map.
Section 3. The City Council of the City of Paso Robles accepts the public offers of dedications, delineated on said map, to the terms of offer of dedication by the parties have a record title interest in said land.
Section 4. The City Council authorizes the City Manager to enter into and record a Phase 3 Subdivision Improvement Agreement, subject to any necessary modifications to the Agreement made in consultation with the City Attorney.
Section 5. The City Council finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378
APPROVED this 16
th day of July 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John R. Hamon, Jr., Mayor
ATTEST:
Melissa Boyer, City Clerk
Exhibit A – Subdivision Improvement Agreement
Exhibit A
Subdivision Improvement Agreement
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of El Paso de Robles
1000 Spring Street
Paso Robles, CA 93446
Attn: City Engineer
Exempt from recording fee, per Government Code Section 6105.
SUBDIVISION IMPROVEMENT AGREEMENT
DATE OF AGREEMENT: July 16, 2024
NAME OF SUBDIVIDER: River Oaks Reserve, LLC
TRACT MAP NO. 3105-3: at Book_______and Page(s)________ TENTATIVE MAP RESOLUTION OF APPROVAL NO. 17-032
SURETY NAME: ______________________________________________ TRACT MONUMENTATION BOND: $ 78,370
TRACT PERFORMANCE BOND: $ 3,105,625
TRACT LABOR & MATERIALS (PAYMENT) BOND: $ 1,552,813
BUENA VISTA ROAD PERFORMANCE: $576,918.50
BUENA VISTA ROAD LABOR AND MATERIALS: $288,459.25
ESTIMATED TOTAL COST OF ALL IMPROVEMENTS: $ 5,602,185.75 This Agreement is made and entered into by and between the CITY OF EL PASO DE ROBLES, a municipal corporation of the State of California (hereinafter referred to as “CITY”) and RIVER OAKS RESERVE, LLC a California limited liability company (hereinafter referred to as “SUBDIVIDER”).
RECITALS
A. SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California and CITY’s ordinances and regulations relating to the filing, approval, and recordation of subdivision maps, The Subdivision Map Act and CITY’s ordinances and 82479.04004\31460131.4
Exhibit A
Exhibit A
Subdivision Improvement Agreement
regulations relating to the filing, approval, and recordation of subdivision maps are collectively referred to in this Agreement as the “Subdivision Laws”. A legal description of the property (the “Property”) that is the subject of the subdivision map is attached hereto as Exhibit “A” and incorporated herein by reference.
B. A tentative map of the Subdivision has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this Agreement by reference.
C. The Subdivision Laws establish as a condition precedent to the approval of a final map that SUBDIVIDER must have complied with the Resolution of Approval and must have either (1) completed, in compliance with CITY standards, all of the improvements and land development work required by the Subdivision Laws or the Resolution of Approval, or (2) have entered into a secured agreement with CITY to complete the improvements and land development within a period of time specified by CITY.
D. In consideration of approval of a final map for the Subdivision by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby SUBDIVIDER promises to install and complete, at SUBDIVIDER’s own expense, all the public improvement work required by CITY in connection with the proposed Subdivision as set forth herein. SUBDIVIDER has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City Attorney.
E. Complete Improvement Plans for the construction, installation, and completion of the improvements have been prepared by SUBDIVIDER and approved by the City Engineer on February 8, 2024. The Improvement Plans for TRACT MAP NO. 3105-2 are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the improvements as approved by the City Engineer.
F. An estimate of the cost for construction of the public improvements and performing land development work in connection with the improvements according to the Improvement Plans has been made and had been approved by the City Engineer. The estimated amount is stated on
and incorporated herein by reference.
G. CITY has adopted standards for the construction and installation of improvements within CITY, ‘The Improvement Plans have been prepared in conformance with CITY standards in effect on the date of approval of the Resolution of Approval.
H. Prior to completion of the required improvements and their acceptance by CITY, it is necessary that certain monuments and stakes, as specified on the final map for the Subdivision, shall be installed and also that street signs be placed at intersections.
I. SUBDIVIDER recognizes that by approval of the final map for Subdivision, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the Subdivision, and has taken the final act necessary to subdivide the Property within Exhibit A
the Subdivision. As a result, CITY will be damaged to the extent of the cost of installation of the improvements by SUBDIVIDER’s failure to perform its obligations under this Agreement, including, but not limited to, SUBDIVIDER’s obligation to commence construction of the improvements by the time established in this Agreement. CITY shall be entitled to all remedies available to it pursuant to this Agreement and law in the event of a default by SUBDIVIDER, It is specifically recognized that the determination of whether a reversion to acreage or rescission of the Subdivision constitutes an adequate remedy for default, by the SUBDIVIDER shall be within the sole discretion of CITY.
NOW, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the Subdivision, SUBDIVIDER and CITY agree as follows:
1. SUBDIVIDER’s Obligations to Construct Improvements.
SUBDIVIDER shall:
a. Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. b. Complete, at SUBDIVIDER’s own expense, all the public improvement work required on the Tentative Map and Resolution of Approval in material conformance with approved Improvement Plans and the CITY standards as follows:
IMPROVEMENT DEADLINE DATE
IMPROVEMENTS (Public):
All Public Improvements Included in Exhibit B [December 31, 2025] NOTE: Subject to any extensions of time approved under Section 22, all improvements must be completed by December 31, 2025.
SUBDIVIDER agrees that CITY may impose necessary changes to the scope of the improvement work if CITY determines in its reasonable discretion that such changes are necessary and incidental to the successful completion and function of the improvements or required to meet CITY’s standards.
c. Furnish the necessary materials for completion of the public improvements in conformity with the Improvement Plans and CITY standards. d. Acquire and dedicate, or pay the cost of acquisition by CITY, of all rights-of-way, easements and other interests in real property for construction or installation of the public improvements, free and clear of all liens and encumbrances. The SUBDIVIDER’s obligations with regard to acquisition by CITY of off-site rights-of-way, easements, and other interests in real property shall be subject to a separate agreement between SUBDIVIDER and CITY. SUBDIVIDER shall also be responsible for obtaining any public or private drainage easements or authorization to accommodate the Subdivision.
Exhibit A
e. Commence construction of the improvements by the time established in Section 22 of this Agreement and complete the improvements by the deadline stated in Paragraph 1(b) above, unless a time extension is granted by the CITY as authorized in Section
22. f. Install all Subdivision monuments required by law prior to the completion and acceptance of the public improvements by CITY. g. Install street name signs conforming to CITY standards. If permanent street name signs have not been installed before acceptance of the improvements by CITY, SUBDIVIDER shall install temporary street name signs according to such conditions as the City Engineer may require.
h. CITY and SUBDIVIDER recognize and agree that the Final Map and this Agreement are intended to be held by the CITY, and not transmitted to the County Recorder’s Office, pending the funding of the loan to SUBDIVIDER’s successor in interest. In the event, for whatever reason, such loan does not fund, CITY and SUBDIVIDER agree that this Agreement, and all obligations of SUBDIVIDER hereunder, shall terminate and no longer be of any force or effect. In such event, CITY shall be entitled to revert the subject property to acreage, without objection by SUBDIVIDER, and CITY shall issue a release of any and all bonds required by this Agreement.
i. The construction plans and specifications for the improvements shall be prepared in all material respects in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements. The improvements shall be completed in all material respects in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.
j. SUBDIVIDER and its contractors, if any, shall perform all work required to construct the improvements under this Agreement in a skillful and workmanlike manner, and consistent in all material respects with the standards generally recognized as being employed by professionals in the same discipline in the State of California. SUBDIVIDER represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. SUBDIVIDER warrants that all of its employees, if any, and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.
2. Acquisition and Dedication of Easements or Rights-of-Way. If any of the public improvement and land development work contemplated by this Agreement is to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before:
Exhibit A
a. The offer of dedication to CITY of appropriate rights-of-way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the improvements or work, or b. The dedication to, and acceptance by, the CITY of appropriate rights-of-way, easements or other interests in real property, as determined by the City Engineer, or
c. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with the order of possession,
3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER’s performance of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows:
a. To assure faithful performance of this Agreement in regard to said improvements in an amount of 100% of the estimated cost of the improvements; and b. To secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor, materials for the improvements required to be constructed or installed pursuant to this Agreement in the additional amount of 50% of the estimated cost of the improvements; and
c. To guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the improvements; and
d. SUBDIVIDER shall also furnish to CITY good and sufficient security in the amount of 100% of the estimated cost of setting Subdivision monuments as stated previously in this Agreement,
e. The surety for any surety bonds provided as security shall have a current A.M. Best’s rating of no less than A: VIII, shall be authorized to do business in the State of California, and shall be satisfactory to CITY. As part of the obligation secured by the security and in addition to the face amount of the security, SUBDIVIDER or its surety shall secure the costs and reasonable expenses and fees, including reasonable attorneys’ fees and costs, incurred by CITY in enforcing the obligations of this Agreement. SUBDIVIDER and its surety stipulate and agree that no change, extension of time, alteration, or addition to’ the terms of this Agreement, the public improvements, or the plans and specifications for the public improvements shall in any way affect its obligation on the security.
The securities required by this Agreement shall be kept on file with the City Clerk.
The terms of the security documents referenced on Page 1 of this Agreement are incorporated into this Agreement by this reference, If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made Exhibit A
a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released,
4. Alterations to Improvement Plans.
a. Any changes, alterations or additions to the improvement plans and specifications or to the improvements, not exceeding 10% of the original estimated cost of the improvement, which are determined by CITY to be necessary and incidental to the successful completion and function of the improvements or required to meet CITY standards, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for faithful performance as required by Paragraph 3 of this Agreement for 100% of the total estimated cost of the improvement as changed, altered, or amended, minus any completed partial releases allowed by Paragraph 6 of this Agreement.
b. SUBDIVIDER shall construct the improvements in accordance with CITY standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right, in its reasonable discretion, to modify the standards applicable to the Subdivision and this Agreement, when necessary to protect the public safety or welfare or comply with applicable State or Federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension,
5. Observation of Construction. SUBDIVIDER shall at all times maintain proper facilities and safe access for observation of the public improvements by the CITY and to the shops wherein any work is in preparation. Upon completion of the work, SUBDIVIDER may request a final walk through by the City Engineer, or the City Engineer’s authorized representative.
If the City Engineer, or the designated representative, determine that the work has been completed in accordance with this Agreement, then the City Engineer shall recommend acceptance of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been determined to have been completed in accordance with the Improvement Plans and CITY standards. SUBDIVIDER shall bear all costs of the CITY observation of construction.
6. Release of Securities. The securities required by this Agreement shall be released as follows:
a. Security given for faithful performance of any act, obligation, work or agreement shall be released upon the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof,
b. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom lien have been filed and of which notice has been given to the legislative body, plus an amount reasonably determined by the City Engineer to be required to assure the Exhibit A
performance of any other obligations secured by the security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. c. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in Paragraph 10, the warranty period shall not commence until final acceptance of all the work and improvements by the City Council. d. CITY may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys’ fees.
7. Injury to Public Improvements, Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement.
SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public or private utility property damaged or destroyed by reason of any work done under this Agreement which is within SUBDIVIDER’S control, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by CITY or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.
8. Permits. SUBDIVIDER shall, at SUBDIVIDER’s expense, ensure that his/her contractors obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law.
9. Default of SUBDIVIDER.
a. Default of SUBDIVIDER shall include, but not be limited to, SUBDIVIDER’s failure to timely commence construction of this Agreement; SUBDIVIDER’s failure to timely cure any defect in the improvements; SUBDIVIDER’s failure to perform substantial construction work for a period of 20 calendar days after commencement of the work, unless such delay is beyond the reasonable control and without misconduct or negligence of SUBDIVIDER; SUBDIVIDER’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within 30 days; the commencement of a foreclosure action against the Subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER’s material failure to perform any other obligation under this Agreement. b. CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER’s obligations under this Agreement. CITY shall have the right, subject to this section, to draw upon or utilize the appropriate security to mitigate CITY’s damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and. security amounts may not reflect the actual cost of construction, or installation of the improvements and, therefore, CITY’s damages for SUBDIVIDER’s default shall be measured by the cost of completing the required improvements. The sums provided by the Exhibit A
improvement security may be used by CITY for the completion of the public improvements in accordance with the improvement plans and specifications contained herein.
In the event of SUBDIVIDER’s default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation 20 days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER’s surety, and agrees to pay the entire cost of such performance by CITY.
CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER’s surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for the performance of the work.
c. Failure of SUBDIVIDER to materially comply with the terms of this Agreement shall constitute consent to the filing by CITY of a notice of violation against all the lots in the Subdivision, or to rescind the approval or otherwise revert the Subdivision to acreage. The remedy provided by this subsection c. is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER’s breach shall be in the discretion of CITY. d. In the event that SUBDIVIDER materially fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attorneys’ fees. e. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER.
10. Warranty.
a. SUBDIVIDER shall guarantee or warranty the work done pursuant to Section 1 of this Agreement for a period of one year after final acceptance by the City Council of the work and improvements against any defective work or labor done or defective materials furnished. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair, or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. SUBDIVIDER further acknowledges and understands within the one (1) year warranty period as the project is accepted as final, SUBDIVIDER will bear the total responsibility for all repair and/or replacement of the improvements as installed, reserving to SUBDIVIDER the right of recourse or indemnity against any third party who causes damage to such improvements. Should SUBDIVIDER fail to act promptly or in accordance with this replacement, SUBDIVIDER hereby authorizes CITY, at Exhibit A
CITY’s option, to perform the work 20 days after mailing written notice of default to SUBDIVIDER and. to SUBDIVIDER’s surety, and agrees to pay the cost of such work by CITY.
Should CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs,
b. SUBDIVIDER’s warranty shall include the responsibility for the maintenance of landscaping improvements installed pursuant to Section 1 of the Agreement.
SUBDIVIDER shall provide on-going maintenance of landscape improvements installed pursuant to Section 1 of this Agreement for a period of one-year after final acceptance by the City Council without any cost to CITY. The responsibility of maintenance of landscape improvements shall include, but not be limited to, the repair, replacement or replanting of any landscaping of deteriorating condition as directed by the City Maintenance Services Superintendent.
11. SUBDIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of SUBDIVIDER’s agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER’s obligations under this Agreement.
12. Damage to Improvements. Until such time as the improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all improvements required by this Agreement are fully completed and accepted by CITY, SUBDIVIDER will be responsible for the care, maintenance of, and any damage to such improvements. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of the cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER.
13. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment.
14. SUBDIVIDER’s Obligation to Warn Public During Construction. Until final acceptance of the improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition.
15. Vesting of Ownership. Upon acceptance of the work on behalf of CITY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY.
16. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the City Engineer after final Exhibit A
completion of all improvements, The City Council, shall act upon the Engineer’s recommendation within 30 days from the date the City Engineer notifies the City Council that the work has been finally completed, as provided in Paragraph 5. Such acceptance shall not constitute a waiver of defects by CITY. The City Council may, in its sole and absolute discretion, accept fully completed portions of the public improvements prior to such time as all of the public improvements are complete, which shall not release or modify SUBDIVIDER’s obligation to complete the remainder of the public improvements within the time required by this Agreement. Upon the total or partial acceptance of the public improvements by CITY, the City Clerk shall file with the Recorder’s Office of the County of San Luis Obispo, a notice of completion for the accepted public improvements in accordance with California Civil Code Section 9204, at which time the accepted public improvements shall become the sole and exclusive property of CITY without payment therefor. Notwithstanding the foregoing, CITY may not accept any improvements unless and until SUBDIVIDER provides one (1) set of “as-built” or record drawings or plans to the City Engineer for all such improvements. The drawings shall be certified and shall reflect the condition of the improvements as constructed, with all changes incorporated therein.
17. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement. SUBDIVIDER further agrees to protect, indemnify, and hold harmless CITY, its officials and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. Acceptance by CITY of the improvements shall not constitute an assumption by the CITY of any responsibility for any damage or taking covered by this paragraph.
CITY shall not be responsible for the design or construction of the Subdivision or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by CITY in approving the plans or map, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the improvements, SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect, and to be responsible for maintenance and care of the improvements for one year. Provisions of this paragraph shall remain in full force and effect for 10 years following the acceptance by CITY of improvements. It is the intent of this section that SUBDIVIDER shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and SUBDIVIDER approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The improvement security shall not be required to cover the provisions of this paragraph.
SUBDIVIDER shall provide CITY with a certificate of insurance in the aggregate amount of $1,000,000.00 and in a form acceptable to the City Engineer as set forth in Section 19, below.
Exhibit A
18. Insurance.
a. Types; Amounts. SUBDIVIDER shall procure and maintain, and shall require its contractors and subcontractors to procure and maintain, during construction of any public improvement pursuant to this Agreement, insurance of the types and in the amounts described below (“Required Insurance”) and without limiting the indemnity provisions of this Agreement. If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than three times the specified occurrence limit. For purposes of this Section 14.0, et seq., the “indemnified parties” shall mean CITY, its elected officials, officers, employees, agents, and volunteers, as described in this Agreement. The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to CITY, its elected officials, officers, employees, agents, and volunteers,
i. Commercial General Liability. SUBDIVIDER, its
contractors and subcontractors shall procure and maintain Commercial General Liability Insurance that affords coverage at least as broad as the latest version of Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least One Million Dollars ($1,000,000,00) per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) products and completed operations; (2) contractual liability; (3) third party action over claims; (4) cross liability exclusion for claims or suits by one insured against another; or (5) explosion, collapse, or underground hazard (XCU). ii. Automobile liability. SUBDIVIDER and its contractors and subcontractors shall procure and maintain automobile liability insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1) and minimum limits of One Million Dollars ($1,000,000.00) each accident. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible, If SUBDIVIDER does not own any company vehicles and if requested by, this requirement may be satisfied by providing a non-owned auto endorsement to the Commercial General Liability policy. iii. Workers’ Compensation. SUBDIVIDER, its contractors and subcontractors shall procure and maintain workers’ compensation insurance with limits as required by the Labor Code of the State of California and Employers’ Liability Insurance of not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and disease. iv. Professional Liability. If applicable to this Agreement and required by CITY, for any consultant or other professional who will engineer or design the public improvements, professional liability insurance for errors and omissions with limits not less than One Million Dollars ($1,000,000.00) per occurrence, shall be procured and maintained for a period of three (3) years following completion of the public improvements and shall specifically include all work to be performed under the Agreement. If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement, and continuous coverage Exhibit A
will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination of this Agreement.
b. Deductibles. Any deductibles or self-insured retentions must be approved by CITY in writing and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
c. Certificates; Verification. SUBDIVIDER and its contractors and subcontractors shall furnish CITY with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by CITY prior to the execution of this Agreement and before work pursuant to this Agreement can begin. CITY reserves the right to require complete, certified copies of all required insurance policies at any time.
d. Insurer Rating. Unless approved in writing by CITY, the insurers for all Required Insurance shall have a current A.M. Best rating of at least A:VIII, shall be authorized to do business in the State of California, and shall be satisfactory to CITY. e. Endorsements.
i. The Commercial General Liability, Automobile Liability, and Contractors Pollution Liability policies, if the latter is required by City, shall be endorsed as follows:
Additional Insured: The indemnified parties shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of this Agreement, The “Additional Insured Endorsement” shall be on a form similar to Insurance Services Office’s Endorsement form CG 2010 and contain no other
modifications to the policy.
Primary Insurance: This insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance.
Severability: In the event one insured, whether named or additional, incurs liability to any other of the insureds, whether named or additional, the policy shall cover the insured against whom the claim is made or may be made in the same manner as if separate policies had been issued to each insured, except that the limits of insurance shall not be increased thereby.
Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced, or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon CITY, Exhibit A
except ten (10) days prior written notice shall be allowed for nonpayment of premium.
Duties: Any failure by the named insured to comply with report provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the indemnified parties.
Applicability: That the coverage provided therein shall apply to the obligations assumed by SUBDIVIDER, its contractors or
subcontractors under the indemnity provisions of this Agreement, unless the policy or policies contain a blanket form of contractual liability coverage.
f. The Workers’ Compensation policy or policies required by this Agreement shall be endorsed as follows:
Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced, or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon CITY, except ten (10) days prior written notice shall be allowed for nonpayment of premium, g. The Professional Liability policy or policies required by this Agreement, if required by City, shall be endorsed as follows:
Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced, or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon CITY, except ten (10) days prior written notice shall be allowed for nonpayment of premium.
19. Sale or Disposition of Subdivision. Sale or other disposition of this Property will not relieve SUBDIVIDER from the obligations set forth herein. SUBDIVIDER agrees to notify CITY in writing at least 30 days in advance of any actual or pending sale or other disposition of the Property. If SUBDIVIDER sells the Property or any portion of the Property within the Subdivision to any other person, SUBDIVIDER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve SUBDIVIDER of the obligations under Paragraph 17 for the work or improvement done’ by SUBDIVIDER.
20. Time of the Essence. Time is of the essence of this Agreement.
Exhibit A
21. Time for Commencement of Work/Time Extensions. SUBDIVIDER shall commence substantial construction of the improvements required by this Agreement not later than nine (9) months prior to the time for completion as set forth in Section of this Agreement. In the event SUBDIVIDER is unable to complete the improvement work by the deadline, a written request to extend the deadline shall be submitted to the City Engineer at least four (4) weeks in advance of the deadline, arid said request will be presented to the City Council for consideration.
At that time, the City Council shall have the option of terminating or extending this Agreement. If an extension of the deadline is allowed, the City Council may require additional securities, including, but not limited to, forfeitable cash deposits, to guarantee construction of the public improvements by the extended deadline. The City Council shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God, which SUBDIVIDER could not have reasonably foreseen, or by storm or inclement weather which prohibits the conducting of work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of the time for completion. As a condition of such extension, the City Manager may require SUBDIVIDER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer.
22. No Vesting of Rights. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER’s rights with respect to any change in any zoning or building law or ordinance.
23. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with CITY:
CITY: City of El Paso de Robles
1000 Spring Street
Paso Robles, CA 93446
SUBDIVIDER: River Oaks Reserve, LLC
7305 Morro Road, Suite 207
Atascadero, CA 93422
Attn: Dennis Moresco
Surety: Bonds by Subdivider
24. Severability. The provisions of this Agreement are severable, If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties.
Exhibit A
25. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction, or meaning of any provisions of this Agreement.
26. Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of San Luis Obispo, California. Each party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, SUBDIVIDER expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.
27. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys’ fees,
28. Incorporation of Recitals. The Recitals to this Agreement are hereby incorporated into the terms of this Agreement.
29. Entire Agreement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. In the case of CITY, the appropriate party shall be the City Manager. [Signatures on following page]
Exhibit A
IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its City Manager.
CITY: CITY OF EL PASO DE ROBLES
By:
Ty Lewis, City Manager
ATTEST:
Melissa Boyer, City Clerk
Approved as to Form:
By:
Elizabeth Hull, City Attorney
SUBDIVIDER: RIVER OAKS RESERVE, LLC
By: ____________________________
Name: Dennis Moresco
Title: Vice President
Exhibit A
ACKNOWLEDGMENT
CALIFORNIA NOTARY ACKNOWLEDGEMENT
State of _________________
ss.
County of _________________`
On, ________________, before me, _____________________________ (here insert name and title of the officer)
personally appeared. __________________ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies); and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct,
Witness my hand and official seal,
Signature_______________________________
“A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, or validity of that document”
Exhibit A
ACKNOWLEDGMENT
CALIFORNIA NOTARY ACKNOWLEDGEMENT
“A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, or validity of that document”
State of __________________
ss.
County of __________________
On, ________________, before me, _____________________________ (here insert name and title of the officer)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal,
Signature __________________________ (SEAL)
Exhibit A
EXHIBIT A
LEGAL DESCRIPTION
In the City of Paso Robles, County of San Luis Obispo, State of California, Being a Subdivision of the land described as Parcel 3 in the Grant Deed recorded in Document No. 2021-020597 of Official Records, and Lot 4 of Tract 3097 According the Map recorded in Book36 of Maps at
Exhibit A
EXHIBIT B
LIST OF PUBLIC IMPROVEMENTS AND COST ESTIMATES
TRACT NO. 3105
Exhibit A
805.239.3127 725 Creston Road, Suite C, Paso Robles, CA 93446 I. SURVEY SERVICES
A. Tract 3105-3 Monumentation $33,490.00
1. Set Property Corners (325 Corners)
2. Set Centerline Monuments (41 Centerline Monuments)
a) Set Straddlers for Monument Well
b) Punch Brass Cap After Contractor Sets
B. Spurr Co - Monument Wells $41,000.00
1. Set Monument Wells (41 Centerline Monuments)
a) $1,000 a Well
II. REIMBURSABLE EXPENSES
A. Centerline Monuments - $55 a piece $2,255.00
B. Property Corners - $5 a piece $1,625.00
TOTAL ESTIMATED FEE: $78,370.00
NOTE: Brass caps will be provided to contractor. Contractors responsibility for setting
PROPOSAL FOR
Survey Services
April 15, 2024
Dennis A. Moresco
Tract 3105-3 Monuments
Paso Robles, CA
ESTIMATED FEE
wells, pipes, and cap. NCE will punch center after they are set.
R:\PROJ\21104\Agreement\NCE Master Fee Proposal - Phase 3 Monumentation.xlsx Page 1 of 1 Exhibit A
RIVER OAKS-TRACT 3105 PHASE III
PERFORMANCE BOND ESTIMATE
ITEM
N0.
STD DWG
NO. BID ITEM DESCRIPTION QUANTITY UNIT UNITPRICE
TOTAL
PRICE
1 - EARTHWORK 3,600 CY $9 $33,000
2 - EARTHWORK (IMPORT) - CY $12 -
3 - TREE REMOVAL - EA $500 -
4 -
CONCRETE CURB AND GUTTER
REMOVAL - LF $35 -
5 - FENCE REMOVAL - LF $5 -
6 A-4 3" HMA, TYPE A 1,410 TON $300 $423,000
7 -
13.5" CLASS II AGGREGATE
BASE (VILLAGE DR) 500 CY $200 $100,000
8 -
8.5" CLASS II AGGREGATE BASE
(NEIGHBORHOOD STREETS) 500 CY $200 $100,000
9 C-1 CONCRETE CURB AND
GUTTER 790 LF $65 $51,500
10 C-2 6" CONCRETE CURB 4,460 LF $50 $223,000
11 - ROLLED CURB 2,200 LF $65 $144,000
12 C-3 CONCRETE SIDEWALK 23,700 SF $15 $356,000
13 C-6 CROSS GUTTER AND SPANDREL 37 EA $1,350 $50,000
14 - PAVERS 2,600 SF $25 $65,000
15 C-8.1 CONCRETE CURB RAMP 2 EA $8,000 $16,000
16 C-10 16' CONCRETE DRIVE
APPROACH 32 EA $6,000 $192,000
17 D-1 STORMDRAIN INLET - EA $10,000 -
18 D-2 48" STORM DRAIN MANHOLE 1 EA $22,000 $22,000
19 D-2 60" STORM DRAIN MANHOLE - EA $30,000 -
20 D-2 CONNECT TO EXHISTING
SANITARY SEWER MAIN - EA $10,000 -
21 - 8" SDR35 STORMDRAIN PIPE - LF $130 -
22 - 18" CPP STORMDRAIN PIPE 60 LF $150 $9,000
23 - 24" CPP STORMDRAIN PIPE - LF $200 -
24 - 30" CPP STORMDRAIN PIPE - LF $250 -
25 - 36" CPP STORMDRAIN PIPE - LF $300 -
26 - 42" CPP STORMDRAIN PIPE - LF $350 -
27 - 6" STORMDRAIN LATERAL - EA $160 -
28 - DRYWELL 1 EA $12,500 $12,500
29 - HYDRODYNAMIC SEPARATOR 2 EA $55,250 $110,500
30 - STORMTECH CHAMBERS 3,500 CF $10 $35,000
Exhibit A
31 -
BIOFILTRATION TREATMENT
SYSTEM 26 EA $5,900 $154,000
32 F-1 48" SANITARY SEWER MANHOLE - EA $25,000 -
33 - 60" SANITARY SEWER MANHOLE - EA $25,000 -
34 F-2 60" SANITARY SEWER DROP
MANHOLE - EA $30,000 -
35 F-4 SANITARY SEWER CLEANOUT - EA $1,800 -
36 -
8" SDR35 SANITARY SEWER
PIPE - LF $130 -
37 -
8" C900 DR25 PVC GREEN
SEWER PIPE - LF $100 -
38 F-5 4" SANITARY SEWER LATERAL - EA $2,000 -
39 G-1 FIRE HYDRANT 2 EA $12,000 $24,000
40 G-11 1" WATER SERVICE - EA $3,000 -
41 G-13 8" C900 DR18 WATER PIPE 300 LF $80 $24,000
42 G-13 8" C151 DIP WATER PIPE - LF $100 -
43 -
CONNECTION TO EXISTING
WATER MAIN - EA $5,500 -
44 G-6 8" GATE VALVE - EA $2,500 -
45 G-8 AIR RELEASE VALVE - EA $3,500 -
46 G-9 BLOW OFF ASSEMBLY - EA $2,500 -
47 U-1 JOINT TRENCH - PTC - LF $55 -
48 - GAS - LF $40 -
49 U-3 STREET LIGHT 12 EA $12,250 $150,000
50 C-14 STREET MONUMENTS 37 EA $850 $31,000
51 - EROSION CONTROL 1 LS $6,000 $6,000
52 - RETAINING WALL 2,400 SF (FACE WALL) $50 $120,000
53 - STRIPING AND SIGNAGE 1 LS $33,000 $33,000
NOTE: EXCLUDES LANDSCAPE WATER LINES AND METERS BASE ESTIMATE $2,484,500.00 10% CONTINGENCY $248,450.00
15% CONSTRUCTION STAKING/ENGINEERING/ADMINISTRATION $372,675.00 TOTAL BID $3,105,625.00
ITEM
N0.
STD DWG
NO. BID ITEM DESCRIPTION QUANTITY UNIT UNITPRICE
TOTAL
PRICE
Exhibit A
ITEM
N0. BID ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE
TOTAL
PRICE
1 CLEARING AND GRUBBING 1 LS $500 $500
2 GRIND HOT MIX ASPHALT 4,260 SF $2 $8,520
3 DISPOSAL OF HOT MIX
ASPHALT 50 CY $50 $2,500
4 DISPOSAL OF CLASS II BASE 50 CY $52 $2,600
5 FINE GRADING 6,200 SF $1 $6,200
6 HOT MIX ASPHALT 125 TON $140 $17,500
7 CLASS II AGGREGATE BASE 260 CY $200 $52,000
8 CROSS GUTTER AND
SPANDREL 700 SF $42 $29,400
9 SAW CUT 440 LF $4 $1,760
10 DRIVEWAY APPROACH - SLO
COUNTY B-1e 100 SF $10 $1,000
11 8" WATER MAIN 20 LF $140 $2,800
12 12" DIP WATER MAIN 1,055 LF $225 $237,375
13 12"6"X12" TEE 2 EA $12,000 $24,000
14 12"8"X12" TEE 1 EA $15,000 $15,000
15 6" GATE VALVE 2 EA $3,675 $7,350
16 8" GATE VALVE 1 EA $5,000 $5,000
17 12" GATE VALVE 5 EA $3,675
18 FIRE HYDRANT ASSEMBLY
(INCLUDES 6" CI 350 DIP PER
CITY STD DWG G-1)
2 EA $20,000 $40,000
19 THRUST BLOCK 4 EA $1,270 $5,080
20 TRAFFIC STRIPING 600 LF $2 $1,200
21 SIGNAGE 5 EA $350 $1,750
$461,535.00
$46,153.50
$69,230.00
TOTAL BID $576,918.50
15% CONSTRUCTION STAKING/ENGINEERING/ADMINISTRATION
RIVER OAKS-TRACT 3105 BUENA VISTA STREET IMPROVEMENTS
PERFORMANCE BOND ESTIMATE
BASE ESTIMATE
10% CONTINGENCY
Exhibit A
Council Agenda Report
From: Freda Berman, Public Works Director
Subject: Approval of New City Park Event – Hispanic Heritage Festival 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.
Date: July 16, 2024
Facts
1. Mujeres de Acción proposes to stage a new cultural event, the Hispanic Heritage Festival, in City Park on Sunday, September 15, 2024, from 2 p.m. to 9 p.m.
2. The event celebrates the rich Hispanic heritage in Paso Robles and is intended to increase awareness of Mexican culture in the area by featuring music, dancing, artisans and food. Non-profit organizations will have the opportunity to distribute their resource information to the attendees.
3. The event, formerly called the Mexican Independence Day Celebration, was founded in 2022 and staged at Sherwood Forest Park. The event was very popular, attracting large crowds and providing a quality cultural experience for the entire community.
4. Mujeres de Acción is requesting that the City of Paso Robles co-sponsor the event, allowing them the opportunity to reach a wider community audience, and take advantage of banner placement at 1st and Spring Streets and publicity on the City website.
5. All required logistical support for the Hispanic Heritage Festival will be provided by Mujeres de Acción.
Options
1. Take no action;
2. Approve the request of Mujeres de Acción to stage the Hispanic Heritage Festival on September 15, 2024, in City Park with the City of Paso Robles co-sponsoring the event; or
3. Provide alternative direction to staff.
Analysis and Conclusions
The Hispanic Heritage Festival is part of Hispanic Heritage Month, celebrated each year from September 15 to October 15. It began as a week-long celebration in 1968 under President Lyndon Johnson and was expanded to a month by President Ronald Reagan 20 years later in 1988. The month-long celebration provides more time to recognize the significant contributions Hispanic/Latino Americans have made in the United States, dating all the way back to the American Revolution.
Bringing the Hispanic Heritage Festival to City Park is an appropriate addition to other festival and parades celebrating the rich and diverse history of Paso Robles. The event does not conflict with any other scheduled event in the park.
Fiscal Impact
No funding is requested for this event. Mujeres de Acción is responsible for all costs associated with the Hispanic Heritage Festival.
CEQA
The City finds that this action is not a project under the California Environmental Quality Act pursuant to State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.
Recommendation (Option 2)
Approve the request of Mujeres de Acción to stage the Hispanic Heritage Festival in City Park on September 15, 2024, with the City of Paso Robles co-sponsoring the event.
Council Agenda Report
From: Jonathan Stornetta, Fire Chief
Subject: Introduction and First Reading of an Ordinance Amending Paso Robles Municipal Code Chapter 2.24 – Emergency Organization
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: July 16, 2024
Facts
1. On April 16, 2024, City Council approved an update to the City’s Emergency Operations Plan (EOP).
2. The EOP is an all-hazards document describing the Paso Robles incident management organization, compliance with relevant legal statutes, and critical components of the incident management structure.
3. The EOP also serves as the legal and conceptual framework for incident management to be utilized by the City and its various departments within municipal government and establishes the emergency organization, assigns tasks, specifies policies and general procedures, and provides for coordination of planning efforts for respective staff.
4. Chapter 2.24 of the El Paso de Robles Municipal Code needs to be updated to reflect the 2024 Emergency Operations Plan and other administrative matters.
5. Chapter 2.24 was last updated nearly six years ago, and the proposed update will align with the city’s current emergency organization and functions.
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 Chapter 2.24 of Title 2 of the Paso Robles Municipal Code;
3. Provide alternative direction to staff.
Analysis and Conclusions
Chapter 2.24 of the Paso Robles Municipal Code addresses the emergency organization and functions within the City. Specifically, this chapter is intended to provide for the preparation and carrying out of plans for the protection of persons and property within the City in the event of an emergency.
As used in this chapter, "emergency" means the extreme peril to the safety of persons and property within the territorial limits of the city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, or cyberterrorism, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the
combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage that requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.
In the event of an emergency or disaster, the City’s primary responsibility is to maximize the safety of the public, to minimize property and environmental damage, and ensure the continuity of government. To aid in accomplishing this goal, the City has adopted the principles of SEMS, NIMS, and ICS so that responses to such conditions are done in the most organized, efficient, and effective manner possible and are used to manage and control the response operations.
Updates to the municipal code provide conformity with the updated Emergency Operations Plan and SEMS/NIMS. Updates include Emergency Organization position titles, duties, and responsibilities, the Disaster Council’s powers and duties, State Agency position titles, City Council powers and duties, the Emergency Operations Center responsibilities and duties, and updates to the rules and regulations of the emergency organization and its function.
Adopting this ordinance would amend the code to reflect the latest changes in the Emergency Operations Plan.
Fiscal Impact
None.
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)
Introduce for first reading by title only, an ordinance of the City of Paso Robles amending Chapter 2.24 of Title 2 of the Paso Robles Municipal Code.
Attachments
1. Ordinance No. XXXX N.S.- Amending Chapter 2.24 Emergency Organization and Functions
2. Redline Ordinance No. XXXX N.S.- Amending Chapter 2.24 to reflect the recent changes to the Emergency Operations Plan.
Attachment 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES AMENDING CHAPTER 2.24 OF THE MUNICIPAL CODE OF THE CITY OF EL PASO DE ROBLES REGARDING EMERGENCY ORGANIZATION AND FUNCTIONS.
WHEREAS, El Paso de Robles Municipal Code Chapter 2.24 regulates the preparation and carrying out of plans for the protection of persons and property within this jurisdiction in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions with all other public agencies, corporations, organizations, and affected private persons; and WHEREAS, an “emergency” means the extreme peril to the safety of persons and property within the city caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, earthquake, or other conditions beyond the control of the services, personnel, equipment, and facilities of the city; and WHEREAS, the city recently updated its Emergency Operations Plan to reflect state and federal changes of incident management organizations, compliance with relevant legal statutes, critical components of the incident management structure, compliance with the California Standardized Emergency Management System, the Nation Incident Management System, the Incident Command System, the National Response Framework, and the National Preparedness Guidelines; and
WHEREAS, the city desires to update the municipal code to align with the recent update to the city’s Emergency Operations Plan that was adopted by the City Council on April 16, 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. Chapter 2.24 is hereby amended to read as follows:
Chapter 2.24 EMERGENCY ORGANIZATION AND FUNCTIONS1
2.24.010 Purposes.
The purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within this jurisdiction in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions with all other public agencies, corporations, organizations, and affected private persons.
(Ord. No. 1062 N.S., § 7, 10-16-2018
2.24.020 Definition.
As used in this chapter, "emergency" means the extreme peril to the safety of persons and property within the territorial limits of the city caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, or cyberterrorism, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the city and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage that requires extraordinary measures beyond the authority vested in the California Public Utilities Commission. Unless the provision or context otherwise requires, any term not defined in this chapter shall have the respective meanings ascribed thereto in the California Emergency Services Act.
Attachment 1
(Ord. No. 1062 N.S., § 7, 10-16-2018)
2.24.030 Disaster council—Membership.
The city's disaster council is hereby created and shall consist of the following:
1. The mayor, who shall be chair.
2. The Emergency Services Director, who shall be vice chair.
3. Such chiefs of emergency services as are provided for in a current emergency plan of this jurisdiction, adopted pursuant to this chapter.
(Ord. No. 1062 N.S., § 7, 10-16-2018)
2.24.040 Disaster council—Powers and duties.
It shall be the duty of the disaster council, and it is hereby empowered, to review and develop for city council approval the Emergency Operations Plan and recommend to the city council such ordinances and resolutions and rules and regulations as are necessary or desired to implement such plans. The disaster council shall meet upon call of the Emergency Services Director or, in his or her absence from the city or inability to call such meeting, upon call of the Assistant Emergency Services Director.
(Ord. No. 1062 N.S., § 7, 10-16-2018)
2.24.050 Director and Assistant Director of Emergency Services.
There is hereby created the Office of Director of Emergency Services Director. The city manager shall be the Emergency Services Director.
There is hereby created the Office of Assistant Emergency Services Director of Emergency Services, who shall be appointed by the Director.
There is hereby created the Office of Emergency Operations Center Director, who shall be appointed by the Emergency Services Director.
There is hereby created the Office of city Disaster Preparedness Officer. The Fire Chief of the city shall be the city disaster preparedness officer.
(Ord. No. 1062 N.S., § 7, 10-16-2018)
2.24.060 Powers and duties of Director and Assistant Director.
A. The Emergency Services Director is hereby empowered to:
1. Request the City Council to proclaim the existence or threatened existence of a “local emergency” if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect.
2. Request the governor to proclaim a "state of emergency" when, in the opinion of the Director, the locally available resources are beyond the jurisdiction's capacity to adequately respond to or recover from the emergency.
3. Control and direct the effort of the emergency organization of this city for the accomplishment of the purposes of this chapter.
4. Direct cooperation between and coordination of services and staff of the emergency organization of this city; and resolve questions of authority and responsibility that may arise.
5. Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined in this chapter.
6. In the event of the proclamation of a "local emergency" as provided in this chapter, the proclamation of a "state of emergency" by the governor or the director of the State Office of Emergency Services, or the existence of a "state of war emergency," the Emergency Services Director is hereby empowered:
a. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency;
Attachment 1
b. To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use;
c. To require emergency services of any city officer or employee and, in the event of the proclamation of a "state of emergency" in the county in which this city is located or the existence of a "state of war emergency," to command the aid of as many citizens of this community as deemed necessary in the execution of duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster services workers; d. To requisition necessary personnel or material of city departments or agencies; and e. To execute all ordinary power as city manager, all of the special powers conferred by this chapter or by resolution or emergency plan pursuant hereto adopted by the city council, and all powers conferred by any statute, by any agreement approved by the city council, and by any other lawful authority.
7. Nothing herein shall limit or otherwise preclude the disaster council or city council from directly enacting measures or directing enforcement of measures in furtherance of this chapter or as deemed necessary by the city council to protect the public health, safety, and welfare, pursuant to any declared local, state, or federal emergency by any lawful means otherwise available to them, including but not limited to declaration, proclamation, motion, minute order, resolution, or ordinance.
B. The Emergency Services Director shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform duties during an emergency. Such order of succession shall be specified in the city's Emergency Operations Plan.
C. The Assistant Emergency Services Director, under the supervision of the Director and with the assistance of the city Disaster Preparedness Officer, shall assist with the development of emergency plans, annexes, operating procedures, and such other rules and regulations necessary to manage the emergency programs of the city; and shall have such other powers and duties as may be assigned by the Emergency Services Director.
D. The Emergency Operations Center (EOC) Director shall direct and coordinate the activities of all personnel assigned to the EOC; ensure the EOC is fully operational and appropriately staffed during an emergency; provide for the overall management and coordination of emergency response and recovery operations; work closely with other agencies and organizations to ensure a coordinated response to the disaster; provide situational awareness reports to the City Council; and facilitate and then manage the transition into the recovery phase.
E. The Disaster Preparedness Officer shall oversee the effective and efficient management of emergency operations within the city; plan, organize and coordinate citywide emergency management efforts through the preparation and maintenance of the city’s Emergency Plans; liaison with local, county, state, and federal emergency management agencies; assist with planning, organizing, and directing the disaster preparedness activities and operations focused on the development of the city's emergency management program; ensure the readiness of the city's Emergency Operations Center; and educate the city management, employees, community partner organizations and the public about disaster preparedness.
(Ord. No. 1062 N.S., § 7, 10-16-2018)
2.24.070 Emergency organization.
All officers and employees, together with those volunteer forces enrolled to aid the emergency organization during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions of Section 2.24.060.A.7.c of this chapter, be charged with duties incident to the protection of life and property in this city during such emergency, shall constitute the emergency organization of the city of El Paso de Robles. All above-mentioned members of the emergency organization, without exception, will be considered disaster service workers giving them the protections of “disaster service workers” in accordance with California Civil Code 1714.5, or as that section subsequently may be amended. (Ord. No. 1062 N.S., § 7, 10-16-2018)
2.24.080 Compliance with the California Emergency Services Act.
The disaster council shall comply with the California Emergency Services Act, codified in California Government Code § 8550, et seq.
(Ord. No. 1062 N.S., § 7, 10-16-2018)
2.24.090 Emergency Operations Plan. Page 286 of 419 City Council Agenda July 16, 2024 Attachment 1
The Emergency Services Director and city Disaster Preparedness Officer shall be responsible for the development of and updates to the city emergency operations plan. The plan shall provide for the effective mobilization of all of the resources of the city, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the city council. (Ord. No. 1062 N.S., § 7, 10-16-2018)
2.24.110 Expenditures
Any expenditure made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of El Paso de Robles. (Ord. No. 1062 N.S., § 7, 10-16-2018)
2.24.120 Punishment of violations.
It shall be a misdemeanor, punishable by a fine of not to exceed one thousand dollars, or by imprisonment for not to exceed six months, or both, for any person, during an emergency, to:
A. Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him or her by virtue of this chapter.
B. Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy or imperil the lives or property of inhabitants of this city, or to prevent, hinder, or delay the defense or protection thereof.
C. Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the state.
D. As used in this chapter, “rule or regulation issued pursuant to this chapter” means, in addition to any duly adopted ordinance of the city, any duly adopted resolution, proclamation, declaration or order of the city council, the disaster council or the Emergency Services Director in furtherance of their respective emergency powers pursuant to a declared local (city or county), state or federal emergency affecting the city of El Paso de Robles.
E. As used in this chapter, “rule or regulation issued pursuant to this chapter” shall also include any emergency or public health measure, order or directive applicable in the city and issued by any county of San Luis Obispo, state of California or United States jurisdictional authority authorized to issue or enact such emergency or public health measures, orders or directives, where the city council, disaster council and/or Emergency Services Director has authorized or directed, or is required to authorize or direct, the enforcement of such measures pursuant to their powers under this chapter or their otherwise applicable authority to take actions in furtherance of the health, safety and welfare of the city organization and residents.
F. In addition to misdemeanor prosecution, nothing herein shall preclude enforcement of violations of this chapter by any means otherwise permitted by the Paso Robles Municipal Code or other applicable law, including but not limited to administrative or civil enforcement. (Ord. No. 1062 N.S., § 7, 10-16-2018)
INTRODUCED at a regular meeting of the City Council held on , 2024, for first reading by the City Council of the City of El Paso de Robles, and adopted on the day of , 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John Hamon, Mayor
Attest: Page 287 of 419 City Council Agenda July 16, 2024 Attachment 1
Melissa Boyer, City Clerk
Attachment 2
Title 2 - ADMINISTRATION AND PERSONNEL
Chapter 2.24 EMERGENCY ORGANIZATION AND FUNCTIONS
El Paso de Robles, California, Code of Ordinances
(Supp. No. 57)
Chapter 2.24 EMERGENCY ORGANIZATION AND FUNCTIONS1
2.24.010 Purposes.
The purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within this jurisdiction in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions with all other public agencies, corporations, organizations, and affected private persons.
(Ord. No. 1062 N.S., § 7, 10-16-2018)
2.24.020 Definition.
As used in this chapter, "emergency" means the extreme peril to the safety of persons and property within the territorial limits of the city caused by such conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, or cyberterrorism, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivisionthe cCity and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage that requires extraordinary measures beyond the authority vested in the California Public Utilities Commission. Unless the provision or context otherwise requires, any term not defined in this chapter shall have the respective meanings ascribed thereto in the California Emergency Services Act. (Ord. No. 1062 N.S., § 7, 10-16-2018)
2.24.030 Disaster council—Membership.
The city's disaster council is hereby created and shall consist of the following:
1. The mayor, who shall be chair.
2. The Emergency Services Directordirector of emergency services, who shall be vice chair.
3. Such chiefs of emergency services as are provided for in a current emergency plan of this jurisdiction, adopted pursuant to this chapter.
4. Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the director with the advice and consent of the city council.
1Editor's note(s)—Ord. No. 1062 N.S., § 7, adopted Oct. 16, 2018, repealed the former Ch. 2.24, §§ 2.24.010—
2.24.120, and enacted a new Ch. 2.24 as set out herein and amended from time to time. The former Ch. 2.24 pertained to similar subject matter and derived from Ord. 424 N.S., §§ 1—10, adopted in 1979.
(Supp. No. 57)
(Ord. No. 1062 N.S., § 7, 10-16-2018)
2.24.040 Disaster council—Powers and duties.
It shall be the duty of the disaster council, and it is hereby empowered, to review and approvedevelop for city council approval theadopt Emergency Operations Plan and mutual aid plans and agreements and recommend to the city council such ordinances and resolutions and rules and regulations as are necessary or desired to implement such plans and agreements. The disaster council shall meet upon call of the Emergency Services Director or, in his or her absence from the city or inability to call such meeting, upon call of the Assistant Emergency Services Director. The disaster council shall meet at least once per year. (Ord. No. 1062 N.S., § 7, 10-16-2018)
2.24.050 Director and Assistant Director of eEmergency sServices.
There is hereby created the Office of Director of Emergency Services Director.office of director of emergency services. The city manager shall be the Emergency Services Directordirector of emergency services.
There is hereby created the Office of DeputyAssistant Emergency Services Director of Emergency Services, who shall be appointed by the Director.
There is hereby created the Office of Emergency Operations Center Director, who shall be appointed by the Emergency Services Director.
There is hereby created the Office of Ccity Disaster Preparedness Officer. The Fire Chief of the Ccity shall be the city disaster preparedness officer.
(Ord. No. 1062 N.S., § 7, 10-16-2018)
2.24.060 Powers and duties of the Ddirector and Aassistant Ddirector.of emergency services.
A. The Emergency Services dDirector is hereby empowered to:
1. Request the City Council to proclaim the existence or threatened existence of a “local emergency” if the City Council is in session, or to issue such proclamation if the City Council is not in session.
Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation withwithin seven days thereafter or the proclamation shall have no further force or effect. Develop and recommend for adoption the emergency response plan, mutual aid plans and agreements, and such ordinances, resolutions, rules, and regulations as are necessary to implement such plans and agreements.
2. Request the disaster council to proclaim the existence or threatened existence of a "local emergency" if the disaster council is in session, or to issue such proclamation if the disaster council is not in session.
Whenever the director proclaims a local emergency, the disaster council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect.
23. Request the governor to proclaim a "state of emergency" when, in the opinion of the Ddirector, the locally available resources are beyond the jurisdiction's capacity to adequately respond to or recover from the emergency.
4. Request the governor to proclaim a "state of emergency" when, in the opinion of the director, the circumstances are beyond the jurisdiction's capacity to adequately respond to or recover from the emergency.
(Supp. No. 57)
35. Control and direct the effort of theis emergency organization of thise Ccitycity for the accomplishment of the purposes of this chapter.
46. Direct cooperation between and coordination of services and staff of theis emergency organization of this Ccity; and resolve questions of authority and responsibility that may arise. between them.
57. Represent this Ccityjurisdiction in all dealings with public or private agencies on matters pertaining to emergencies as defined in this chapterherein.
68. In the event of the proclamation of a "local emergency" as provided in this chapter,herein provided, the proclamation of a "state of emergency" by the governor or the director of the State Office of Emergency Services, California Emergency Management Agency, a "federal declaration of emergency", or the existence of a "state of war emergency," the Emergency Services dDirector is hereby empowered to:
a. To Mmake and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the disaster council; b. To Oobtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the cityjurisdiction for the fair value thereof and, if required immediately, to commandeer the same for public use; c. To Rrequire emergency services of any Ccity officer or employee and, in the event of the proclamation of a "state of emergency" in the county in which this cCcity is located or the existence of a "state of war emergency," to command the aid of as many citizens of this community as deemed necessary in the execution of duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster services workers;
d. To Rrequisition necessary personnel or material of Ccitythe departments or agencies; and e. To Eexecute all ordinary power as city manager, all of the special powers conferred by this chapter or by resolution or emergency plan pursuant hereto adopted by the disaster city council, and all powers conferred by any statute, by any agreement approved by the disaster city council, and by any other lawful authority.
In
7. Nothing herein shall limit or otherwise preclude the disaster council or city council from directly enacting measures or directing enforcement of measures in furtherance of this chapter or as deemed necessary by the city council to protect the public health, safety, and welfare, pursuant to any declared local, state, or federal emergency by any lawful means otherwise available to them, including but not limited to declaration, proclamation, motion, minute order, resolution, or ordinance.
B. The director of Eemergency Sservices Director shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform duties during an emergency. Such order of succession shall be specified in the Cccity's Emergency Operations Plan emergency response plan.
C. The Assistant Emergency Services Director, under the supervision of the Director and with the assistance of the Ccity Disaster Preparedness OfficerFire Chief, shall assist with the development of emergency plans, annexes, operating procedures, and such other rules and regulations necessary to manage the emergency programs of the Ccity; and shall have such other powers and duties as may be assigned by the Emergency Services Director and City Manager.