CITY OF EL PASO DE ROBLES
"The Pass of the Oaks"
City Council Regular Meeting Agenda
Tuesday, November 5, 2024, 6:30 PM
Council Chamber - Library/Conference Center
1000 Spring Street
Paso Robles, CA 93446
Residents can livestream the meeting at www.prcity.com/youtube, and call (805)865-7276 to provide public comment via phone. The phone line will open just prior to the start of the meeting and remain open throughout the meeting to ensure the opportunity to comment on each item heard by the Council, other than brief reports and announcements by staff or the Council.
Written public comments can be submitted via email to [email protected] prior to 12:00 noon on the day of the Council meeting to be posted as an addendum to the Agenda. If submitting written comments in advance of the meeting, please note the agenda item by number or name. City Council meetings will be livestreamed during the meeting and also available to play later on YouTube by accessing the following link: www.prcity.com/youtube. Any writing or document pertaining to an open session item on this agenda which is distributed to a majority of the City Council after the posting of this agenda will be available for public inspection at the time the subject writing or document is distributed. The writing or document will be available for public review in the City Clerk’s Office, 1000 Spring Street, Paso Robles, CA, during normal business hours, and may be posted on the City’s web site at www.prcity.com/meetings.
AMERICANS WITH DISABILITIES ACT Any individual, who because of a disability needs special assistance to attend or participate in this meeting, may request assistance by contacting the City Clerk’s Office (805) 237- 3960. Whenever possible, requests should be made four (4) working days in advance of the meeting.
Pages
A. 6:30 PM CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. INVOCATION
Pastor Pat Sheean, Family Worship Center
D. ROLL CALL
Councilmember Bausch, Councilmember Gregory, Councilmember Roden, Councilmember Strong, Mayor Hamon
E. STAFF INTRODUCTIONS
F. REPORT FROM CLOSED SESSION - SEPTEMBER 17, 2024
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Pursuant to Government Code Section 54957
Claimant: Newton Construction Management
G. PRESENTATIONS
1. Records Support Personnel Week Proclamation 7 - 7
John R. Hamon, Jr., Mayor
City Council Agenda November 5, 2024
2. National Apprenticeship Week Proclamation 8 - 8
John R. Hamon, Jr., Mayor
3. National Hospice Month Proclamation 9 - 10
John R. Hamon, Jr., Mayor
H. GENERAL PUBLIC COMMENTS
This is the time the public may address the Council on items within the Council’s purview but not scheduled on the agenda. All persons desiring to speak on an agenda item are asked to fill out Speaker Information Cards and give them to the City Clerk prior speaking. Each individual speaker will be limited to a presentation total of three (3) minutes per item. Those persons wishing to speak on any item scheduled on the agenda will be given an opportunity to do so at the time that item is being considered.
State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code sec. 54954.2).
I. AGENDA ITEMS TO BE DEFERRED
J. OVERVIEW OF ITEMS ON CONSENT CALENDAR
Chris Huot, Interim City Manager
K. CONSENT CALENDAR
ITEMS ON THE CONSENT CALENDAR ARE CONSIDERED ROUTINE, NOT REQUIRING SEPARATE DISCUSSION. However, if discussion is wanted by a member of the Council or public the item may be removed from the Consent Calendar and considered separately.
Councilmembers and members of the public may offer comments or ask questions of clarification without removing an item from the Calendar. Individual items are approved by the vote that approves the Consent Calendar unless an item is pulled for separate consideration. Items pulled from consent will be heard at the end of the meeting.
1. Approval of October 1, 2024 City Council Meeting Minutes 11 - 16 Melissa Boyer, City Clerk
2. Approval of October 9, 2024 City Council Special Meeting - AB Interviews- Minutes 17 - 18 Melissa Boyer, City Clerk
3. Receipt of Advisory Body Minutes 19 - 34
Melissa Boyer, City Clerk
Youth Commission - 09/04/2024
Senior Citizen Advisory Committee - 09/09/2024
Parks and Recreation Advisory Committee Minutes - 09/09/2024 Planning Commission - 05/14/2024 and 06/25/2024
4. Receipt of Warrant Register 35 - 167
Ryan Cornell, Administrative Services Director
5. Approval of Side Letters of Agreement with the Paso Robles Police Association, the Paso Robles Professional Firefighters, and the Service Employees International Union; the Wage and Benefit Summary Amendments with the Unrepresented Confidential,
168 - 194
and Management Group and the Unrepresented Part-Time/Temporary Group; and City Council Agenda November 5, 2024
the Master Pay Schedule
Ryan Cornell, Administrative Services Director
Shannon Foutz, Human Resources/Risk Manager
CEQA Determination: The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.
Recommendation: Authorize the Interim City Manager to approve Resolution 24- XXX, the side letters of agreement with the Paso Robles Police Association, the Paso Robles Professional Firefighters, and the Service Employees International Union; the amendments to the Wage and Benefit Summaries with the Unrepresented, Professional, Management and the Unrepresented Part-Time Groups; and the Master Pay Schedule.
6. Second Reading by Title Only and Adoption of Ordinance 1150 Amending the Zoning Map to Extend the Resort/Lodging Overlay District to the Property Located at 1745 Spring Street (RZN23-01, P22-0076).
195 - 202
Katie Banister, Associate Planner
CEQA: In compliance with the California Environmental Quality Act (CEQA), an initial study and mitigated negative declaration (SCH 2024070401) were prepared for the rezoning and related development project and were circulated between July 11, 2024 and August 9, 2024. There is no substantial evidence that the project will have a significant effect on the environment with the incorporation of mitigation measures.
Recommendation: Approve second reading by title only and adopt Ordinance 1150, amending the zoning map to extend the Resort/Lodging overlay district to include 1745 Spring Street.
7. Acceptance of Easement Deed for Public Utility Purposes Located on Flag Way from Paso Robles Country Club Estates Owners Association for Flag Way (APN: 009-464- 076) and Approval of a Donation Agreement
203 - 217
Dante Pecchenino, Senior Development Review Engineer
CEQA Determination: The City finds that it previously certified an environmental impact report for the project pursuant to the California Environmental Quality Act and that no further environmental review is necessary under State CEQA Guidelines section 15162.
Recommendation: Approve Resolution 24-XXX Accepting an Easement Deed for Public Utility Purposes from Paso Robles Country Club Estates Owners Association for Flag Way and Approving a Donation Agreement (APN: 009-464-076), and authorize the City Manager or designee to sign and record the Easement Deed and sign the Donation Agreement attached to this agenda item.
8. Acceptance of Subdivision Improvements of Tract 3069 - Phase 1 for Recordation 218 - 268 Dante Pecchenino, Senior Development Review Engineer
CEQA: Staff recommends that the City Council find this Project has already been environmentally assessed by the City. A Mitigated Negative Declaration (“MND ”) and Mitigation Monitoring and Reporting Program (“MMRP”) were adopted by the City Council for the Erskine-Justin General Plan Amendment via City Council Resolution No. 16-103 on August 2, 2016. This Project comprises a portion of the project that was originally assessed as part of Vesting Tentative Tract Map 3069, as part of the Erskine-Justin General Plan Amendment. Staff further recommends that City Council Agenda November 5, 2024
the City Council find that acceptance of the public improvements will not result in any of the conditions set forth in State California Environmental Quality Act (“CEQA”) Guidelines section 15162 that would trigger the need for a subsequent or supplemental environmental review. Additionally, there have been no substantial changes in the Project since it was originally assessed, and no substantial new information that was not previously known when the Project was originally assessed. No further action under CEQA is required in connection with the City’s acceptance of the public improvements under CEQA Guidelines 15162.
Recommendation: Approve Resolution 24-XXX, accepting the public improvements of Tract 3069-1 as complete, and incorporating them into the City’s maintenance system after the one-year warranty period.
L. PUBLIC HEARINGS
1. Zoning Code Amendment - An Ordinance Amending Chapter 21.58 of the El Paso de Robles Municipal Code Regarding Accessory Dwelling Units and Junior Accessory Dwelling Units to Comply with State Law and amending Chapters 21.78, 21.90, and 269 - 286
21.91 to adjust cross-references to Chapter 21.58. (P24-0074, RZN24-01) Katie Banister, Associate Planner
CEQA: Staff recommends that the City Council find this action is statutorily exempt from CEQA under Section 21080.17 of the Public Resources Code.
Recommendation: Introduce for first reading by title only Ordinance XXXX Amending Chapter 21.48 of the Municipal Code. regarding accessory dwelling units and junior accessory dwelling units to comply with recent changes in state law.
2. Proposed Annexation No. 1 to Community Facilities District No. 2022-2N (Olsen/South Chandler Ranch – Services) to provide maintenance and services including roadways, parks, open space as well as police, fire, community services. 287 - 315
Ryan Cornell, Administrative Services Director/ Treasurer CEQA Determination: The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.
Recommendation: Approve Resolution 24-XXX declaring the intention to annex certain territory to Community Facilities District No. 2022-2N (Olsen/South Chandler Ranch – Services) and to authorize the levy of a special tax therein.
3. Approval of an Amendment to Vesting Tentative Tract Map 3149 within Planning Area 9 of the Olsen South Chandler Specific Plan
316 - 359
David Athey, Acting City Engineer
Darren Nash, City Planner
CEQA Determination: Pursuant to the California Environmental Quality Act (CEQA), a Final Environmental Impact Report (EIR) was previously prepared for the Olsen South Chandler Specific Plan, and the proposed Vesting Tentative Tract Map Amendment does not require additional review under CEQA pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15162 and 15182 (no subsequent or supplemental EIR is required, because no “substantial changes” to the project or to the circumstances under which the project was undertaken are proposed, and there are no “new significant environmental effects” or a “substantial increase in the severity of previously identified significant effects” under the existing EIR).
Recommendation: Approve Resolution 24-XXX amending Vesting Tentative Tract Map 3149 amending the map boundary.
City Council Agenda November 5, 2024
M. DISCUSSION ITEMS
1. Oak Tree Removal Permit 24-08 Request to Remove One Coast Live Oak Tree located at 306 12th Street
360 - 396
Katie Banister, Associate Planner / Lori Wilson, Assistant Planner CEQA Determination:
Staff recommends that pursuant to the California Environmental Quality Act (CEQA), the City Council determine that this proposal to remove the 102-inch diameter 5- stemmed live oak tree is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21080(b)(4) and State CEQA Guidelines section 15269(c) because the removal of this tree is necessary to prevent whole tree failure from impacting neighboring homes, including the historic structure on the proposed project site. Moreover, section 15269(c), exempts activities necessary to prevent or mitigate an emergency.
This exemption may be used for situations that have a low probability of occurring in the short term if the expected time to conduct CEQA review would create a risk to public health, safety, or welfare. (State CEQA Guidelines, §15269(c).) According to the October 2024 arborist report, tree failure is likely and would potentially impact the neighboring home and presumably endanger the lives of those who live in the home. Thus, the risk to public health, safety, or welfare from likely tree failure exempts this project from environmental review.
Furthermore, in accordance with the CEQA Guidelines, the Project is also categorically exempt pursuant to State CEQA Guidelines Section 15304 – Class 4, Minor Alterations to Land, which consist of minor private alterations in the condition of land and/or vegetation which do not involve the removal of a healthy, mature, scenic trees. Here, the proposed project involves the removal of one oak tree that is structurally compromised and poses a hazard due to its condition and proximity to existing structures. Moreover, the tree removal process is limited to the removal of one oak tree in poor health and is thus a minor private alteration.
There is no evidence of any unusual or special conditions that would result in a significant effect on the environment.
Lastly, none of the exceptions to the use of a categorical exemption identified in State CEQA Guidelines section 15300.2 apply. The project site does not contain any environmentally sensitive areas. There is no potential for cumulative impacts; there are no unusual circumstances that would have a significant impact on the environment; the actions would not negatively impact scenic resources within a duly designated scenic highway; there is no record of hazardous waste. As stated above, the existing residence is on the City’s Historic Resources Inventory. However, there is no potential to impact historic resources because a licensed professional will be hired to remove the oak tree. It is the licensed professional’s job to ensure damage does not occur to structures during the removal process. Staff is further directed to file a Notice of Exemption for this resolution with the County Clerk and the State Clearinghouse in accordance with State CEQA Guidelines.
Recommendation: Approve Resolution 24-XXX, approving oak tree removal permit OTR24-08 based on a finding that the condition of the oak tree with respect to its general health, danger of falling, and proximity to existing or proposed structures justify the removal of the oak tree.
N. CITY MANAGER REPORT
O. COUNCIL BUSINESS AND COMMITTEE REPORTS
P. UPCOMING EVENTS
City Council Agenda November 5, 2024
Paso Robles Youth Commission Advisory Committee Meeting November 6, 2024, 5:00 PM
City Facilities Closed in Observance of Veterans Day November 11, 2024 Paso Robles Planning Commission Meeting November 12, 2024, 6:30 PM Paso Robles City Council Special Meeting AB Interviews November 13, 5:00 PM Library Board of Trustees November 14, 2024, 9:00 AM
Elegant Holiday Evening Downtown November 16, 2024, 5:00 PM Paso Robles Senior Citizen Advisory Committee Special Meeting November 18, 2024, 1:30 PM
Paso Robles Parks & Recreation Advisory Committee Special Meeting November 18, 2024, 4:00 PM
Paso Robles City Council Meeting November 19, 2024, 6:30 PM Q. ADJOURNMENT
City Council Agenda November 5, 2024