CITY OF EL PASO DE ROBLES
"The Pass of the Oaks"
City Council Agenda Addendum
Tuesday, November 19, 2024, 5:30 PM
Tuesday, November 19, 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
*L. GENERAL PUBLIC COMMENTS 3 - 5
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).
P. PUBLIC HEARINGS
*1. 2025 Community Development Block Grant Program and the Draft Annual Action Plan
6 - 18
Darren Nash, City Planner
CEQA Determination: The Draft Annual Action Plan is exempt from the California Environmental Quality Act (CEQA) pursuant to State Guidelines Section 15061(b)(3) City Council Agenda November 19, 2024
and 15378, as it does not constitute a “project” under CEQA.
Recommendation: Set the Public Hearing for 2025 CDBG Allocation to the regularly scheduled City Council meeting on Tuesday, March 4, 2025 and direct that the following applications be listed in the Draft One Year Action Plan as follows:
a. Parkview/Airport Road Crosswalk $132,022
b. Indicate which of the three public service applications should be in the Draft Consolidated Plan as being
recommended for the entire 15% public service funding
to be used for Paso Robles services $ 30,467
c. Administration $ 14,218
Total $176,707
Q. DISCUSSION ITEMS
*3. Approval of a Resolution Awarding Contract for Pickleball Court Complex Construction at Sherwood Park
19 - 67
Freda Berman, Public Works Director
CEQA Determination: The pickleball court complex is categorically exempt from the California Environmental Quality Act (CEQA) under the Class 3 exemption, which applies to the construction of small facilities. (State CEQA Guidelines, section 15303.)
Recommendation: It is recommended that the City Council take the following actions:
1. Approve Resolution 24-XXX awarding a contract for construction of the Pickleball Court Complex to JJ Fisher Construction, Inc. in the amount of $3,279,897 and authorize the City Manager to execute the contract, subject to any minor, technical, or non-substantive changes as approved by the City Manager and the City Attorney;
2. Approve a total project budget of $4,091,411 and appropriate funds from the Parks and Development Impact fees totaling $1,211,948 and ARPA funds totaling $2,879,463 to the project by redirecting ARPA funds totaling $2,045,963 from the South Vine Street Bridge to the Pickleball Court Complex construction project to meet the total project budget.
City Council Agenda November 19, 2024 Page 2 of 67
From: Sarah Barnes
To: City Clerk; Council
Subject: Agenda ITEM Q3 and Payoff of the City Manager - Public Comment Date: Tuesday, November 19, 2024 10:00:17 AM
[EXTERNAL EMAIL]
City Council:
Let it be known that I am against any pay off of the City Manager,Ty Lewis. You never should have put in place an unqualified person to manage our city.
Regarding the pickleball courts, I believe that the allocation of 4 million dollars is a waste of my taxpayer money and I do not condone my tax dollars for this use. Vote No!
Sincerely,
Sarah Barnes
Barnes, Sarah
Item Q3 and General Public Comment
From: Linda C George
To: Sarah Barnes
Cc: City Clerk; Council
Subject: Re: Agenda ITEM Q3 and Payoff of the City Manager - Public Comment Date: Tuesday, November 19, 2024 10:02:44 AM
[EXTERNAL EMAIL]
Melissa,
Please ensure the email comments are part of tonight's agenda. It is before noon. I noticed that doesn't happen with city council meetings but it does at the planning Commission..
I wholeheartedly agree with Mrs. Barnes
Also, how did Clive Pinder know that's what you're talking about tonight? Thank you for your cooperation
Have a great day!
#NothanginwithHamon #TimeToTossTy805
On Tue, Nov 19, 2024, 10:00 AM Sarah Barnes <[email protected]> wrote:
City Council:
Let it be known that I am against any pay off of the City Manager,Ty Lewis. You never should have put in place an unqualified person to manage our city.
Regarding the pickleball courts, I believe that the allocation of 4 million dollars is a waste of my taxpayer money and I do not condone my tax dollars for this use. Vote No!
Sincerely,
Sarah Barnes
George, Linda
Item Q3 and General Public Comment
From: Coy Barnes
To: Council; City Clerk
Subject: Agenda ITEM Q3 and Payoff of the City Manager - Public Comment Date: Tuesday, November 19, 2024 10:08:52 AM
Some people who received this message don't often get email from [email protected]. Learn why this is important
[EXTERNAL EMAIL]
City Council of Paso Robles,
As one of We The People and a registered voter in District 1. I want my voice to be heard on the following items on tonight's agenda.
Closed session: Payoff of the City Manager: Do Not, under any circumstances agree to pay Ty Lewis a single dime without a completely independent investigation being conducted. Any City run investigation is suspect due to conflict of interest by City paid staff, and potentially City Council Members.
Let a Lawsuit and Jury investigation occur. It may cost money, but it wont be 2.2 million dollars. If you elect to pay what I believe is the bribe money that Ty Lewis is requesting, please know you may be investigated. In my opinion, you will have committed a betrayal of a trust or confidence against We The People who you were elected (or not elected but placed into a position) to defend and protect.
The agenda item Q3. Should read REJECTION of a Resolution Awarding Contract for Pickleball Court Complex Construction at Sherwood Park. Any funds directed toward this frivolous project will put the City further in Debt. The money's NOT spent on this should be used towards critical infrastructure like roads and bridges that all of We The People use, not just a VERY SMALL group of We The People.
If you vote for this project to move forward you are indicating your interest in bankrupting the City which is not in the best interest of any of your 30,000+/- constituents, even the ONE percent who play pickleball.
Consider this, if ONE percent of the 30000 People of Paso Robles is worth 4 million dollars, then how are you going to find the 396,000,000 to spend on the other 29700? We could have some Amazingly good Roads and Bridges with that kind of capital! Common Sense should prevail here.
Cheers!
Coy Barnes
President
Celebrating 20 Years of Exceptional Touring Adventures.
Barnes, Coy
Item Q3 and General Public Comment
Council Agenda Report
From: Darren Nash, City Planner
Subject: 2025 Community Development Block Grant Program and the Draft Annual Action Plan CEQA Determination: The Draft Annual Action Plan is exempt from the California Environmental Quality Act (CEQA) pursuant to State Guidelines Section 15061(b)(3) and 15378, as it does not constitute a “project” under CEQA.
Date: November 19, 2024
Facts
1. The Community Development Block Grant (CDBG) is a federal program that supports community development activities to build stronger and more resilient communities. Activities may address needs such as infrastructure, public services, code enforcement, and homeowner assistance services that benefit low- and moderate-income persons.
2. The City receives its annual allocation of CDBG funds through the County of San Luis Obispo, where the County takes the lead role in administration of the CDBG program. This includes the preparation, adoption, and annual updating of a “Consolidated Plan”, the U.S. Department of Housing and Urban Development (HUD) approves following adoption by the County Board of Supervisors. Under a cooperation agreement with the County, the City retains the right to decide how its allocation of CDBG funds will be used.
3. In late December 2024, or early January 2025, the County will publish a Draft “Consolidated Plan,” which will list summaries of the activities that are recommended for consideration by the local city councils and Board of Supervisors at public hearings to be conducted in February, March, and/or April 2025.
4. The purpose of this report is for the City Council to review all applications and recommend to the San Luis Obispo County Board of Supervisors those applications to be included in the Annual Action Plan.
5. The deadline for submittal of applications for 2025 CDBG funds was on October 6, 2024. As of that date, the City received five applications, including an application from the City for administrative use of CDBG funds, for a total amount of funding requested of $183,428. A summary of the 2024 applications is attached and a summary of the individual requests are included in the staff report below.
6. HUD is not expected to publish the amounts available for 2025 CDBG Program until Spring 2025.
However, based on information from HUD, it is anticipated the City will be entitled to approximately $203,111 for the 2025 Program.
7. The Final Annual Action Plan will be considered by City Council at a public hearing to be conducted in early March 2025. At that hearing, City Council will have the discretion to consider any of the applications filed by October 6, 2024, and determine whether or not they are recommended for funding in the Draft Consolidated Plan.
8. Federal regulations impose several limits on the use of CDBG funds, as follows:
a. At least 70% of all funds must be spent on activities that benefit low-income persons, and no more than 30% can be spent on activities that eliminate blight; b. No more than 15% of CDBG funds can be used for public service activities; and c. No more than 20% of CDBG funds can be used for City/County administrative uses.
9. As noted in Fact No. 8, the CDBG Program allows for a maximum of 20% of the funds to be allocated toward administrative activities. As part of the Cooperation Agreement executed with the County in 2024, the City has agreed to allocate 13 percent of the City’s CDBG allocation to the County for its administrative activities that directly benefit the City. Therefore, of the $40,622 proposed to be allocated for administrative purposes; $26,404 would be allocated to the County and the remaining $14,218 would be used by the City for administrative activities.
Community Outreach
Various workshops were held by the County of San Luis Obispo related to the 2025 CDBG application process.
Options
1. Take no action;
2. Provide direction on which applications should be included in the Draft Final Action Plan and set a public hearing for 2025 CDBG Allocations to the regular City Council meeting on March 4, 2025;
3. Determine that more information and analysis is necessary and refer the item back to staff;
4. Provide alternative direction to staff.
Analysis and Conclusions
Summary of Public Improvement Project Applications - $132,022 The City submitted an application for public improvement grants totaling $132,022 for the Parkview/Airport Road crosswalk project. The project would install a new crosswalk, median modifications, two curb ramps, and rectangular rapid flashing beacon (RRFB) device. The project would be located across Airport Road at the intersection with Parkview Lane. The crosswalk would link the existing Turtle Creek Path with Royal Oak Park path to provide a safe crossing of the street and allow for a safe connection to the two parks. Royal Oak Park is currently being renovated by the Olsen – South Chandler Specific Plan Master Developer with new facilities and amenities, including a new Class 1 multiuse path that will connect to the new specific plan trail system. This new crosswalk would provide residents living west of Airport Road with a safe connection to these new trails and facilities.
Parkview / Airport Road intersection lacks an accessible crossing.
Proposed
Crosswalk
New Multi-Use
Trail System
Summary of Public Service Applications (Total requested: $47,583 – Total Available: $30,467) The City received three applications for public service grants in 2024 totaling $47,583. Since the City’s anticipated allocation would be $30,467, it is necessary to reduce the grant amounts requested by $17,116.
Summary of Funding Requests
1. El Camino Homeless Organization (ECHO) $15,233
2. CAPSLO $15,200
3. 5 Cities Homeless Coalition (5CHC) $17,150
Total Requested $47,583
Total Available $30,467
Required Reduction of Funding Requested -$17,116
Council could consider reducing the public service grant amounts as follows:
Distributing the maximum grant amount of $30,467 evenly amongst the three public service applicants, meaning each grant amount would be allocated $10,155 each. Approve one to three public service grant requests in a manner that would result in a total grant amount of $30,467.
Do not fund any of the public service requests and put all funds (less administration) toward the Parkview/Airport Road crosswalk project.
1. El Camino Homeless Organization (ECHO): $15,233 requested.
El Camino Homeless Organization (ECHO) maintains 50 emergency and transitional shelter beds at the Black Oak Drive Home Key shelter in Paso Robles, housing 200 adults and children each year from throughout San Luis Obispo County. ECHO is in the process of transitioning to a 24/7 shelter, accessible to clients during daytime hours, and will be adding 10 additional shelter beds. In addition to the physical shelter, staff provide the case management and supportive services needed for clients to increase their income and secure permanent housing.
Applicant’s Project Description: ECHO operates two Navigation Centers with overnight shelters, ECHO Atascadero and ECHO Paso Robles, housing residents from throughout San Luis Obispo County. Requested funds from CDBG, ESG, PLHA, and GFS will support shelter services at both sites, including shelter and outreach case management, shelter coordination, and volunteer coordination for 950 clients during the 2024-25 year. In addition to providing shelter, ECHO’s Navigation Centers operate 90-dqy programs that support people experiencing homelessness in finding permanent housing; with this support, over 50% of clients find a home.
2. CAPSLO: $15,200 requested.
The Adult Day Center (ADC) in Paso Robles is San Luis Obispo County’s only non-profit adult day care center. Providing quality care to older adults with early stages of Alzheimer’s disease, dementia, and other cognitive impairments, ADC serves up to 20 seniors/day, 8 am – 5 pm, Monday through Friday.
ADC provides nutritious snacks and lunch, mentally stimulating activities, opportunities for socialization, and supervision so family caregivers can work or have respite, and clients can remain safely living at home.
Applicant’s Project Description: The Adult Day Center (ADC) in Paso Robles, which provides a quality, stimulating environment to assist low-income adults with early stage Alzheimer’s disease, dementia, and other cognitive impairments to maintain their highest level of cognitive functioning.
Open Monday through Friday, 8 AM to 5 PM and provides a social model day program with activities that are designed to maximize the living skills and abilities of participants based upon a sliding fee scale. ADC also offers caregiver respite, and conducts community outreach and education regarding Alzheimer’s disease, aging, and caregiving issues.
3. 5 Cities Homeless Coalition – Homeless and Rental Assistance Programs (5CHC): $17,150 requested.
This program will provide emergency subsistence and deposit payments, with case management services. These emergency subsistence payments (rental assistance) and deposits will be provided on behalf of people who are homeless or at risk of becoming homeless that are allowed consistent with 24 CFR 570.207(b)(4) of the CDBG regulations. Services will assist those who are homeless and those at risk of homelessness to develop a housing stability plan and provide short-term emergency homeless prevention rental assistance or move-in deposits. This program will be augmented by other services also provided by 5CHC, including benefits determination, and streamlining access, client resource center (mailing address, computer access, printer, phone, internet), transportation and utilities assistance, family reunification opportunities, and documentation assistance Applicants Project Description: 5CHC’s housing and stabilization services including landlord cultivation, case management support, and subsistence payments for rent, application fees, and deposits to individuals, following a coordinated entry assessment and progressive engagement model. With these activities 5CHC will work to quickly identify and resolve barriers to gaining or maintaining housing.
Summary of Administration Application
CDBG regulations provide that no more than 20% of all entitlement CDBG funds in any program year may be used for administrative purposes. Administration refers to staff time and expenses directly related to managing the CDBG program and those activities funded with CDBG funds. As a condition of accepting CDBG funds, the city must ensure compliance with numerous federal regulations that govern aspects such as public hearings, environmental review, procurement, labor laws, and filing quarterly reports on progress made and the socioeconomic profile of beneficiaries served by the funded activities.
As part of the Cooperation Agreement executed with the County in 2023, the City has agreed to allocate 13 percent of the City’s CDBG allocation to the County for its administrative activities that directly benefit the City. Therefore, of the $40,622 proposed to be allocated for administrative purposes, $26,404 would be allocated to the County and the remaining $14,218 would be used by the City for administrative activities.
Conclusion
Based on the foregoing analysis and after reviewing the proposed applications, staff recommends City Council consider in the Draft Final Action Plan as follows:
1. Parkview/Airport Road Crosswalk $132,022
2. Indicate which of the three public service applications should be in the Draft Consolidated Plan as being recommended for the entire 15% public service funding to be used for Paso Robles services
$30,467
3. Administration $14,218
Total $176,707
Fiscal Impact
There is no direct fiscal impact by approving a Draft Action Plan; however, participation in the federal CDBG Program has evolved and will continue to demand a commitment of staff resources (which is partially offset by the 20% administration funding). Regardless, utilizing CDBG funds makes it possible for the City to fund public accessibility improvements and public services that might not otherwise be possible if reliance on General Funds were required.
CEQA
The Draft Annual Action Plan is exempt from the California Environmental Quality Act (CEQA) pursuant to State Guidelines Section 15061(b)(3) and 15378 as it is does not constitute a “project” under CEQA because it can be seen with certainty that there is no potential the action will result in direct, or reasonably foreseeable indirect, physical change in the environment.
Recommendation
Set the Public Hearing for 2025 CDBG Allocation to the regularly scheduled City Council meeting on Tuesday, March 4, 2025 and direct that the following applications be listed in the Draft One Year Action Plan as follows:
a. Parkview/Airport Road Crosswalk $132,022
b. Indicate which of the three public service
applications should be in the Draft Consolidated
Plan as being recommended for the entire 15%
public service funding to be used for Paso Robles
services
$30,467
c. Administration $14,218
Total $176,707
Attachments
1. Application Summary Table
2. Resolution 24-XXX CDBG Draft Action Plan
Attachment 1
Summary of the 2024 CDBG Applications
A. Public Facilities, Building Rehab, Housing, Economic Development Projects (National Objective: Low Income Benefit)
# Applicant Program/Project Amount
Requested
1 City of Paso Robles Riverside Avenue infill curb ramps, sidewalk and drive approach improvements. $128,768
Total Requested $172,350
Total Available
$172,350
* Assumes that $29,715 is not used for Category B and $13,868 is used for Category C.
B. Public Services (National Objective: Low Income Benefit) # Applicant Program/Project Amount
Requested
2 5 Cities Homeless Coalition
(5CHC)
Homeless Services $16,333
3 Community Action Partnership
of SLO County (CAPSLO)
Senior Day Care Program $14,500
4 El Camino Homeless Org. Homeless Shelter operating costs and social services $9,960
Total Requested $40,793
Total Available $29,715
C. Administration
# Applicant Program/Project Amount
Requested
6 City of Paso Robles Administration of City’s CDBG Program and all CDBG-funded activities
$13,867
Summary of Public Improvement Project Applications
1. City of Paso Robles – Riverside Avenue infill sidewalk and curb ramp project: $128,768.
The Riverside Avenue, 18th Street to 21st Street Pedestrian Improvements Project would upgrade the accessible path along the west side of Riverside Avenue from 18th Street to 21st Street by infilling
Attachment 1
locations that are currently dirt or gravel with ADA compliant concrete facilities. This project would install eight missing curb ramps, four hundred and fifty linear feet of missing sidewalk, and four ADAcompliant driveway approaches where no driveway approaches are currently installed. All work will be done within existing Riverside Ave. Street right of way as one project phase.
Summary of Public Service Applications (Total requested: $40,793 – Total Available: $29,715) The City received four applications for public service grants in 2024 totaling $40,793. Since the City’s allocation would be $29,715, it is necessary to reduce the grant amounts requested by $11,078. This could be done by funding all four grants equally, by providing $9,905 to each, or by not approving all four grant applications. A summary of the three public service organizations requests is as follows:
2. El Camino Homeless Organization (ECHO): $9,960. El Camino Homeless Organization (ECHO) maintains 50 emergency and transitional shelter beds at the Black Oak Drive Home Key shelter in Paso Robles, housing 200 adults and children each year from throughout San Luis Obispo County.
ECHO is in the process of transitioning to a 24/7 shelter, accessible to clients during daytime hours, and will be adding 10 additional shelter beds. In addition to the physical shelter, staff provide the case management and supportive services needed for clients to increase their income and secure permanent housing.
3. CAPSLO: $14,500. The Adult Day Center (ADC) in Paso Robles is San Luis Obispo County’s only nonprofit adult day care center. Providing quality care to older adults with early stages of Alzheimer’s disease, dementia, and other cognitive impairments, ADC serves up to 20 seniors/day, 8 am – 5 pm, Monday through Friday. ADC provides nutritious snacks and lunch, mentally stimulating activities, opportunities for socialization, and supervision so family caregivers can work or have respite, and clients can remain safely living at home.
4. 5 Cities Homeless Coalition – Homeless and Rental Assistance Programs (5CHC): $16,333. This program will provide emergency subsistence and deposit payments, with case management services. These emergency subsistence payments (rental assistance) and deposits will be provided on behalf of people who are homeless or at risk of becoming homeless that are allowed consistent with 24 CFR 570.207 (b)(4) of the CDBG regulations. Services will assist those who are homeless and those at risk of homelessness to develop a housing stability plan and provide short-term emergency homeless prevention rental assistance or move-in deposits. This program will be augmented by other services also provided by 5CHC, including benefits determination and streamlining access, client resource center (mailing address, computer access, printer, phone, internet), transportation and utilities assistance, family reunification opportunities, and documentation assistance.
Summary of Administrative Application
5. City of Paso Robles Administration $13,867 - Activities to administer the City’s CDBG Program and those activities that are funded with the 2024 funds and yet to be completed activities that are funded with CDBG money from prior years. Tasks include preparing City initiated applications for CDBG funds, and review of private applications.
Attachment 1
RESOLUTION 24-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASO ROBLES PROVIDING DIRECTION ON WHICH APPLICATIONS SHOULD BE INCLUDED IN THE 2025 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) DRAFT FINAL ACTION PLAN FOR FUNDING WHEREAS, the City has been notified by the Federal Department of Housing and Urban Development (HUD) that it is entitled to receive Community Development Block Grant (CDBG) funds; and WHEREAS, via a Cooperation Agreement with the County of San Luis Obispo (hereafter referred to as “County”) executed in September 2023, the City waived its individual entitlement status for a period of three years with an option for an automatic three year renewal in order that the County and the cities located therein may qualify as an “Urban County”; and
WHEREAS, via the Cooperation Agreement, the City retains the authority to determine which projects are to be funded with its allotment of CDBG funds; and
WHEREAS, in September 2024, the San Luis Obispo County published a “Request for Proposals” for projects to be funded under the 2025 CDBG Programs, which provided that proposals were to be submitted by October 6, 2024; and
WHEREAS, as of October 6, 2024, the City received five applications, including an application from the City for administrative use of CDBG funds, for a total amount of funding requested of $183,428 and only $176,707 is available; and
WHEREAS, the Draft Annual Action Plan is exempt from the California Environmental Quality Act (CEQA) pursuant to State Guidelines Section 15061(b)(3) and 15378 as it is does not constitute a “project” under CEQA because it can be seen with certainty that there is no potential the action will result in direct, or reasonably foreseeable indirect, physical change in the environment.
WHEREAS, at its meeting of November 19, 2024, the City Council conducted a public hearing to obtain public testimony on the proposed Draft Annual Action Plan;
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. Based on an expectation that the City will receive $176,707 in 2025 CDBG funds, set the Public Hearing for 2025 CDBG Allocation to the regularly scheduled City Council meeting on Tuesday, March 4, 2025 and direct the following applications be listed in the Draft One Year Action Plan as follows:
a. Sidewalk and ramp infill (Riverside Avenue) $132,022 b. Indicate which of the three public service
applications should be in the Draft Consolidated
Plan as being recommended for the entire 15%
$30,467
Attachment 1
public service funding to be used for Paso Robles
services
c. Administration $14,218
Total $176,707
APPROVED this 19th day of November, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John R. Hamon, Jr. , Mayor
ATTEST:
Melissa Boyer, City Clerk
From: Janna Nichols
To: City Clerk
Cc: Darren Nash
Subject: City Council Meeting 11/19/24 - Item P 1- Comment Re 2025 Community Development Block Grant Program and the Draft Annual Action Plan
Date: Tuesday, November 19, 2024 10:14:18 AM
[EXTERNAL EMAIL]
Esteemed Mayor and Council,
Unfortunately, I am unable to attend this evening's Council meeting on behalf of 5Cities Homeless Coalition regarding your consideration of CDBG funding, as 5CHC is hosting a major gala dinner this evening. We appreciate your consideration of our request. 5CHC's application before you is to provide Homeless Prevention (Eviction Prevention) assistance to Paso Robles residents. Homeless Prevention is one of the most costeffective programs that can be offered to prevent homelessness and is a unique and non-duplicative service that 5CHC provides in your community. In the last year, 5CHC assisted 38 Paso Robles households (approximately 100 people) by investing $144,665 to keep them from losing their home. This accounted for 28% of the homeless prevention dollars available to 5CHC, and averaged just $3,800 per household. Less than 2% of those assisted have fallen into homelessness more than 1 year later.
CDBG funding is a unique source for this service, as it allows us to serve a larger number of families who are struggling, by allowing us to serve those earning up to 80% of the Area Median Income (AMI). Most federal funds are limited to those of extremely-low income (below 30% AMI).
5CHC is grateful for your past support in prior years. We appreciate your consideration this evening as you juggle the needs of multiple programs. If I can answer any questions for you today, before your meeting, please let me know.
Best,
Janna
Janna Nichols
Executive Director
5Cities Homeless Coalition
(805) 471-7404 Cell - Preferred
(805) 574-1638 Office
[email protected]
"Whether you think you can or think you can't, you're right." - Henry Ford Nichols, Janna
Item P1 - Public Comment
Confidentiality Disclaimer: This e-mail message, including, but not limited to any attachments, is expressly meant for the sole use of the intended recipient(s) and may contain confidential and privileged information. As such, any unauthorized dissemination, review, use, disclosure or distribution is therefore prohibited and may be construed as unlawful. If you have received this communication in error, please notify us by telephone immediately at (805) 574-1638 or e-mail [email protected] to advise of erroneous delivery. Thank you for
your compliance in this regard.
Nichols, Janna
Item P1 - Public Comment
Council Agenda Report
From: Freda Berman, Public Works Director
Subject: Approval of a Resolution Awarding Contract for Pickleball Court Complex Construction at Sherwood Park
CEQA Determination: The pickleball court complex is categorically exempt from the California Environmental Quality Act (CEQA) under the Class 3 exemption, which applies to the construction of small facilities. (State CEQA Guidelines, section 15303.) Date: November 19, 2024
Facts
1. On August 3, 2021, City Council received a report regarding pickleball court capacity and approved initiation of design services for the construction of a pickleball court complex at Sherwood Park to include up to eight lighted courts, restrooms, and parking improvements.
2. On September 7, 2021, City Council received a report regarding allocation of American Rescue Plan Act 2021 (ARPA) funds and approved $833,500 of those funds for the pickleball court project. Parks and Recreation Development Impact Fees have also been allocated to the project and can fund 30% of the project total consistent with the Development Impact Justification Study.
3. In order for the City to remain eligible to receive ARPA funds for this project, a construction contract must be fully executed by December 31, 2024 (the last day the grant allows municipalities to obligate funds).
4. On October 5, 2021, City Council awarded a contract for design services to SSA Landscape Architects, Inc. for the pickleball court construction project.
5. Originally, the pickleball courts were envisioned to be located on the south side of Scott Street adjacent to Sherwood Dog Park. However, during initial design development it was determined that flood plan considerations and accommodations made that site unfeasible. The project was relocated to the north side of Scott Street adjacent to Sherwood Well #9. That site presented challenges as well with mandated design adjustments required for well operation and maintenance. The final pickleball complex design includes seven lighted courts, restrooms, parking improvements and associated amenities.
6. The City’s Parks and Recreation Advisory Committee endorsed the design on August 8, 2022, and City Council approved the design and authorized preparation of construction bid documents on August 16, 2022.
7. On June 4, 2024, City Council authorized the pickleball project to be bid for construction with an estimated construction cost of $3.4 million, an increase of $2.2 million over the original estimate of $1.2 million.
8. Bid documents were advertised on August 29, 2024, and opened on October 24, 2024. Five bids were received.
JJ Fisher Construction, Inc. $3,279,897.00
Newton Construction & Management, Inc. $3,643,000.00
MD Construction $3,699,435.63
Edwards Construction Group $3,940,635.95
Aventus NV Inc. $4,950,490.20
9. Staff reviewed the bid received from JJ Fisher Construction, Inc. and found it to be a responsive bid, and found JJ Fisher Construction, Inc. to be a responsible bidder.
Community Outreach
As design concepts were developed, interested members of the public had the opportunity to attend two public workshops, one on December 15, 2021, and the second on May 3, 2022. The Parks and Recreation Advisory Committee first reviewed the concepts on May 9, 2022, and then on August 8, 2022. The City received significant public input which was incorporated by SSA Landscape Architects into the final design plans.
Options
1. Take no action;
2. Authorize the City Manager to enter into a contract with JJ Fisher Construction, Inc. in the amount of $3,279,897 for the construction of a Pickleball Court Complex at Sherwood Park and appropriate funds from Parks and Recreation Development Impact fees totaling $1,211,948 and ARPA funds totaling $2,879,463, by redirecting $2,045,963 ARPA funds from the South Vine Street Project;
3. Authorize the City Manager to enter into a contract with JJ Fisher Construction, Inc. in the amount of $3,279,897 for the construction of a Pickleball Court Complex at Sherwood Park and appropriate funds from Parks and Recreation Development Impact fees totaling $1,211,948 and $2,045,963 from General Fund reserves to fund the project shortfall;
4. Reject all bids for the Pickleball Court Complex construction project and direct staff to review other options to address community pickleball demand; or
5. Provide alternative direction to staff.
Analysis and Conclusions
The increased costs for the construction of the pickleball facility were exacerbated by a variety of factors including redesign when the project location changed, the location of the complex directly adjacent to Sherwood Water Well #9, design changes based on public input, a necessary but lengthy plan review process, and increased costs for contracted labor, materials and supplies since the project was first proposed in 2021.
Construction of the pickleball project at Sherwood Park will provide the community with a state-of-theart recreational complex that not only serves those that play pickleball but also improves Sherwood Park for all residents with a new restroom, community barbeque and gathering space and parking lot. The current design allows for the future construction of the baseball complex and lighted soccer fields depicted in the Sherwood Park Area Master Plan. Construction is scheduled for 15 months with completion in the first quarter of 2026, should the bid be awarded.
More recently, four new unlighted pickleball courts have been constructed as part of the Olsen South Chandler development in what is now called Turtle Creek Park but is in a different location than the City Turtle Creek Park located on Brookhill Drive. The new park includes the four pickleball courts, a restroom and walking trails. Although built by the housing developer, the facilities will be assumed by the City as a public park. The facility is scheduled to open in Summer 2025, and it is yet to be determined what the impact of these new courts will have on demand for pickleball court space.
Fiscal Impact
The project budget is as follows:
Item Expended
to-Date
Remaining
Project Cost Total
Design 267,946 - 267,946
Construction - 3,279,897 3,279,897
Construction Contingency - 491,984 491,984
PG&E 39,000 - 39,000
Other Misc Items 12,584 - 12,584
Total 319,530 3,771,881 4,091,411
Funding for this project, as mentioned above, includes $833,500 of ARPA funds, and $354,500 of Park Development Impact Fees, for a total of $1,188,000. Taken together there is a funding shortfall of $2,903,411 that must be addressed to award the construction contract.
Two options exist to address the funding shortfall should the City Council desire to move forward with the project.
Funding Scenario 1 (Option 2):
Increase Park Development Impact Fee appropriations by $857,448, the maximum allowable under the City’s fee program.
Reallocate ARPA funding from the South Vine Street Bridge project to fund the balance of the project.
This scenario fully funds the pickleball project but requires a reduction in the current ARPA funding allocation for the South Vine Bridge project. This bridge project is directly linked to the adjacent hospitality development, and under a prior settlement agreement, the City is fully responsible for its funding and construction. The ARPA funds allocated to the South Vine Bridge project only covers a portion of the total cost. As a result, the project had anticipated the need to secure additional financing (e.g., debt issuance, revenue bond, or the California Infrastructure and Economic Development Bank (IBank) fund) to meet its obligations to construct the bridge and related road segments. This is regardless of whether the funding is reallocated to the pickleball project. Reallocating the ARPA funds will result in increased borrowing costs to the City for the bridge project. The bridge project is anticipated to begin construction in 2025. The City has until 2027 to meet its obligations under the terms of the settlement agreement to construct certain improvements. If the City Council were to reallocate the ARPA funds, staff does not believe it will create a significant impediment to meet the deadlines under the agreement to construct the bridge.
Funding Scenario 2 (Option 3):
Increase Park Development Impact Fee appropriations by $857,448, the maximum allowable under the City’s fee program.
Appropriate balance of the funding to complete the project from the City’s General Fund reserves.
This scenario fully funds the pickleball project by using $2,045,963 in General Fund reserves to finance the project. This scenario will reduce the city's reserve level to 28 percent of general fund revenues, which is below the minimum reserve target of 30 percent established by the City Council. The General Fund reserve is essentially a financial safety net, set aside to cover unexpected expenses or revenue shortfalls, ensuring the city can continue to provide essential services without disruption during times of economic uncertainty. Maintaining this reserve at or above 30 percent is a key City Council goal for the FY 2024-26 period. Given the current slowdown in revenues and the prevailing uncertainty about future economic conditions, while this option remains available, it could limit the city's ability to respond to unforeseen fiscal challenges.
The City Council can choose to reject the bids and direct staff to review other options to address demand for pickleball courts within the City. This scenario means the courts will not be constructed in their current design and there is not a timeline on when those courts may be constructed. Staff would undertake a review of existing demand.
Project redesign and/or value engineering are not viable options to reduce cost. Project redesign will not only incur additional cost but negate the use of ARPA funds as a construction contract must be fully executed by the end of December 2024. Value engineering is also not possible as any changes would affect the material character of the project and California Public Contracting Code states that the project must be rebid. The only allowable value engineering is termed incidental, in that it does not materially impact project cost or scope.
CEQA
The pickleball court complex is categorically exempt from the California Environmental Quality Act (CEQA) under the Class 3 exemption, which applies to the construction of small facilities. (State CEQA Guidelines, section 15303.)
Recommendation (Option 2)
It is recommended that the City Council take the following actions:
1. Approve Resolution 24-XXX awarding a contract for construction of the Pickleball Court Complex to JJ Fisher Construction, Inc. in the amount of $3,279,897 and authorize the City Manager to execute the contract, subject to any minor, technical, or non-substantive changes as approved by the City Manager and the City Attorney;
2. Approve a total project budget of $4,091,411 and appropriate funds from the Parks and Development Impact fees totaling $1,211,948 and ARPA funds totaling $2,879,463 to the project by redirecting ARPA funds totaling $2,045,963 from the South Vine Street Bridge to the Pickleball Court Complex construction project to meet the total project budget.
Attachments
1. Resolution 24-XXX Awarding Contract for Sherwood Park Pickleball Court Construction
2. Bid – JJ Fisher Construction, Inc.
Attachment 1
RESOLUTION 24-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES
AWARDING A CONTRACT FOR PICKLEBALL COURT CONSTRUCTION AT SHERWOOD PARK WHEREAS, on August 3, 2021, City Council approved initiation of design services for the construction of a pickleball court complex at Sherwood Park; and
WHEREAS, on September 7, 2021, City Council allocated $833,500 of American Rescue Plan Act 2021 funds to the pickleball project; and
WHEREAS, on October 5, 2021, City Council awarded a contract for design services to SSA Landscape Architects, Inc. for the pickleball court construction project; and WHEREAS, on August 8, 2022, the Parks and Recreation Advisory Committee endorsed the design to include seven lighted courts, restrooms, parking improvements and associated amenities; and WHEREAS, on August 16, 2022, City Council approved the design and authorized preparation of bid documents; and
WHEREAS, on June 4, 2024, City Council authorized the pickleball project be bid for construction with an estimated construction cost of $3.4 million; and
WHEREAS, Parks and Recreation Development Impact Fees have been allocated to the pickleball project and can fund 30% of the project total consistent with the Development Impact Justification Study; and WHEREAS, bid documents were advertised and on October 24, 2024, five bids were received ranging from $3,279,897.00 to $4,950,490.20; and
WHEREAS, staff reviewed the low bid received from JJ Fisher Construction, Inc. and found it to be a responsive bid and found JJ Fisher Construction, Inc. to be a responsible bidder; and WHEREAS, a total project budget including contingencies of $4,091,411 is estimated with funding allocated from American Rescue Plan Act 2021 funds and Parks and Recreation Development Impact Fees.
WHEREAS, the funding shortfall of $2,045,963 will be addressed by redirecting American Rescue Plan Act funds from the South Vine Street Bridge project to the Pickleball Court Complex construction project to meet the total project budget.
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 a contract for construction of the Pickleball Court Complex to JJ Fisher, Inc. in the amount of $3,279,897 and authorizes the City Manager to execute the contract, subject to any minor, technical, or non-substantive changes as approved by the City Manager and the City Attorney.
Attachment 1
Section 3. The City Council hereby approves a total project budget of $4,091,411 and confirms Parks and Recreation Development Impact fees totaling $1,211,948 and American Rescue Plan Act funds totaling $833,500 to the project.
Section 4. The City Council hereby redirects American Rescue Plan Act funds totaling $2,045,963 from the South Vine Street Bridge project to the Pickleball Court Complex construction project to meet the total project budget.
APPROVED this 19th day of November, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John R. Hamon, Jr., Mayor
ATTEST:
Melissa Boyer, City Clerk
Attachment 2
From: Nadine Schumaker
To: City Clerk
Subject: Agenda Item #3 - Pickleball Court Complex
Date: Tuesday, November 19, 2024 11:40:27 AM
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Hello,
I am an avid pickleball player and have been playing at the city courts at Centennial Park for two years. The city is in great need of more and better courts. Our current courts are sub-standard (need fence barriers, benches, shade) and we need more of them to accommodate all of the apx. 150 members of PRPC and drop-ins. I fully support approval of accepting a bid for the construction of the new complex.
Thank you!
Nadine Schumaker
Schumaker, Nadine
Item Q3 - Public Comment
From: Timothy Sullivan
To: City Clerk
Subject: Item3
Date: Monday, November 18, 2024 3:30:05 PM
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Sent from my iPhoneI am in favor of approval of Sherwood Park Pickleball courts being built and approve the awarding of bid to the lowest bidder.
Tim Sullivan
Member of Paso Robles Pickleball Club and resident of Paso Robles Sullivan, Timothy
Item Q3 Public Comment
From: Coy Barnes
To: Council; City Clerk
Subject: Agenda ITEM Q3 and Payoff of the City Manager - Public Comment Date: Tuesday, November 19, 2024 10:08:52 AM
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[EXTERNAL EMAIL]
City Council of Paso Robles,
As one of We The People and a registered voter in District 1. I want my voice to be heard on the following items on tonight's agenda.
Closed session: Payoff of the City Manager: Do Not, under any circumstances agree to pay Ty Lewis a single dime without a completely independent investigation being conducted. Any City run investigation is suspect due to conflict of interest by City paid staff, and potentially City Council Members.
Let a Lawsuit and Jury investigation occur. It may cost money, but it wont be 2.2 million dollars. If you elect to pay what I believe is the bribe money that Ty Lewis is requesting, please know you may be investigated. In my opinion, you will have committed a betrayal of a trust or confidence against We The People who you were elected (or not elected but placed into a position) to defend and protect.
The agenda item Q3. Should read REJECTION of a Resolution Awarding Contract for Pickleball Court Complex Construction at Sherwood Park. Any funds directed toward this frivolous project will put the City further in Debt. The money's NOT spent on this should be used towards critical infrastructure like roads and bridges that all of We The People use, not just a VERY SMALL group of We The People.
If you vote for this project to move forward you are indicating your interest in bankrupting the City which is not in the best interest of any of your 30,000+/- constituents, even the ONE percent who play pickleball.
Consider this, if ONE percent of the 30000 People of Paso Robles is worth 4 million dollars, then how are you going to find the 396,000,000 to spend on the other 29700? We could have some Amazingly good Roads and Bridges with that kind of capital! Common Sense should prevail here.
Cheers!
Coy Barnes
President
Celebrating 20 Years of Exceptional Touring Adventures.
Barnes, Coy
Item Q3 and General Public Comment
From: Sarah Barnes
To: City Clerk; Council
Subject: Agenda ITEM Q3 and Payoff of the City Manager - Public Comment Date: Tuesday, November 19, 2024 10:00:17 AM
[EXTERNAL EMAIL]
City Council:
Let it be known that I am against any pay off of the City Manager,Ty Lewis. You never should have put in place an unqualified person to manage our city.
Regarding the pickleball courts, I believe that the allocation of 4 million dollars is a waste of my taxpayer money and I do not condone my tax dollars for this use. Vote No!
Sincerely,
Sarah Barnes
Barnes, Sarah
Item Q3 and General Public Comment
From: Linda C George
To: Sarah Barnes
Cc: City Clerk; Council
Subject: Re: Agenda ITEM Q3 and Payoff of the City Manager - Public Comment Date: Tuesday, November 19, 2024 10:02:44 AM
[EXTERNAL EMAIL]
Melissa,
Please ensure the email comments are part of tonight's agenda. It is before noon. I noticed that doesn't happen with city council meetings but it does at the planning Commission..
I wholeheartedly agree with Mrs. Barnes
Also, how did Clive Pinder know that's what you're talking about tonight? Thank you for your cooperation
Have a great day!
#NothanginwithHamon #TimeToTossTy805
On Tue, Nov 19, 2024, 10:00 AM Sarah Barnes <[email protected]> wrote:
City Council:
Let it be known that I am against any pay off of the City Manager,Ty Lewis. You never should have put in place an unqualified person to manage our city.
Regarding the pickleball courts, I believe that the allocation of 4 million dollars is a waste of my taxpayer money and I do not condone my tax dollars for this use. Vote No!
Sincerely,
Sarah Barnes
George, Linda
Item Q3 and General Public Comment
Paso Robles City Clerk
Paso Robles City Council Members
To the powers that be,
I want to offer my support for the redevelopment of the Sherwood Park complex including the 7 new Pickleball courts that are planned. I believe this has been in the plans & approved years ago. I'm not quite sure why this has taken so long to get to this point.
The plans have been approved time and again. The funding is there. Other city projects have been planned and construction completed while this one has consistently been put on the back burner.
The Paso Robles Pickleball club has over 200 members that play weekly at the Centennial Park courts. Many play daily or every other day. This doesn't even include the large number of visitors from other parts of the county or players from other parts of the state & country. As one can imagine, with this number of passionate devotees of the sport, the wait times on any given day can be very frustrating.
I urge the City Council to fulfill their pledge to the PRPC members and visitors alike in approving this project and move towards construction as soon as possible.
Dixon Moore
Moore, Dixon
Item Q3 Public Comment