CITY OF EL PASO DE ROBLES
"The Pass of the Oaks"
City Council Agenda Addendum
Tuesday, May 6, 2025, 4:30 PM
Tuesday, May 6, 2025, 6:00 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
*M. GENERAL PUBLIC COMMENTS 3 - 3
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. CONSENT CALENDAR
*4. Approval of Housing Constraints and Opportunities Committee Advisory Body Bylaws and Appointment of Grandfathered Committee Members 4 - 19
Warren Frace, Community Development Director
Melissa Boyer, City Clerk
CEQA:The City finds that this action is not a project under the California City Council Agenda May 6, 2025
Environmental Quality Act pursuant to State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.
Recommendation:
It is recommended that City Council approves the following:
1. Establish the Housing Constraints and Opportunities Committee as an advisory body;
2. Approve the proposed HCOC Bylaws;
3. Appoint Mark Koegler, Joel Neel, Loni Willey, Ken Trigueiro, Vince Vanderlip, Greg Haas, and Larry Werner to the HCOC with term dates as noted.
Q. PUBLIC HEARINGS
*3. Introduction for First Reading by Title Only an Ordinance of the El Paso de Robles Municipal Code Amending Chapter 11.20 Regarding Trenching and Pavement Preservation and Approval of a Resolution Adopting Microtrenching Standards for Facilities in the
20 - 36
Public Right Of Way
Leslie Frazier, City Engineer/Deputy Community Development Director CEQA: The City finds that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.
Recommendation:It is recommended that City Council approve the following:
1. Introduce for first reading by title only Ordinance No. XXX N.S. Amending Chapter 11.20 of the El Paso de Robles Municipal Code regarding trenching and pavement preservation; and
2. Approve Resolution 25-XXX, adopting the City’s Microtrenching Standards for Facilities in the Public Right-of-Way.
City Council Agenda May 6, 2025 Page 2 of 36
From: Gary Lehrer
To: City Clerk
Subject: General Public Comments
Date: Tuesday, May 6, 2025 10:16:29 AM
[EXTERNAL EMAIL]
Public Comments May 6, 2025 Item M City Council Meeting Please insert into public comments for tonight's meeting. Thanks.
Gary Lehrer
My name is Gary Lehrer, , Templeton CA 93465
Pasocitizens.org is assisting in the effort to file a class action lawsuit against Best, Best and Krieger law firm and looking into allegations of excessive legal fees, malpractice, conflict of interest, failure to look into possible ethics violations, improper handling of PRA requests, failure to defend a sitting a sitting member of council and other improprieties including a possible case of election interference. We are also concerned that the City Attorney's actions have possibly negatively impacted staff and caused a decline in the city's reputation. One of the biggest issues is the debacle over parking and how Elizabeth Hull's actions may have led to a long, drawn out and legally expensive situation.
If you feel you have been injured, desire to be added to a class action lawsuit, treated improperly, or want to give your opinion either way regarding a class action suit against Elizabeth Hull and Best, Best and Krieger please visit the homepage of pasocitizens.org. You may also call (805)
Thank you.
Lehrer, Gary
M - General Public Comment
Council Agenda Report
From: Warren Frace, Community Development Director
Melissa Boyer, City Clerk
Subject: Approval of Housing Constraints and Opportunities Committee Advisory Body Bylaws and Appointment of Grandfathered Committee Members
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: May 6, 2025
Facts
1. On May 19, 2015, the Housing Constraints and Opportunities Committee (HCOC) was established as an Ad Hoc Committee by the City Council.
2. The HCOC was created to address the following:
a. Review solutions in reducing constraints on housing construction; b. Review policies regarding the distribution of costs between new development and current citizens;
c. Review engineers' cost estimates for development impact fees projects; d. Evaluate the development impact fees needs list (i.e., capital projects); and e. Other housing construction constraints.
3. At the time of its formation, the HCOC consisted of two City Councilmembers, two Planning Commissioners, and members of the public.
4. At the time the HCOC was established, there was no determination made as to how many members of the public would sit on the committee.
5. Initially meant to be temporary, the HCOC has operated on an ad-hoc basis since its formation. Due to its ongoing nature, staff recommends that the HCOC be formally recognized as an official advisory body.
6. Establishing bylaws would align HCOC with other advisory bodies within the city, standardizing processes such as meeting functions, agenda formats, and annual recruitment and reorganization.
7. Establishment of bylaws would necessitate existing members of the HCOC be grandfathered into the Committee within the defined membership categories and terms, as further described below.
Options
1. Take no action;
2. Formally establish the Housing Constraints and Opportunities Committee as an advisory body, approve the proposed HCOC Bylaws (Attachment 1), and appoint existing members Mark Koegler, Joel Neel, Loni Willey, Ken Trigueiro, Vince Vanderlip, Greg Haas, and Larry Werner to the HCOC with term dates as noted; or
3. Provide alternative direction to staff.
Analysis and Conclusions
Over the last several years, the City has standardized the protocols for all advisory bodies to ensure consistency in meeting functions, agenda structure, and processes such as annual recruitment and reorganization. As part of this review, staff determined that the Housing Constraints and Opportunities Committee (HCOC) should transition from an Ad Hoc Committee to a full advisory body. Initially meant to be a short-term committee, the HCOC has operated on an ad-hoc basis since its formation. Due to its ongoing nature and its alignment with City Council goals related to housing and housing affordability, staff recommend that the HCOC be formally recognized as an official advisory body. This transition would necessitate the establishment of formal bylaws, aligning HCOC with the City Council’s guidelines for other advisory bodies.
Without established bylaws, the HCOC will continue to operate without a consistent governance framework, which can impede its purpose and effectiveness. Best practices for advisory bodies dictate that they operate within guidelines established by Council-approved bylaws. Additionally, standardizing bylaws across all advisory bodies would ensure consistency, with each body’s specific purpose reflected in the structure of its governing rules.
By adopting bylaws, the Committee would function under a clear, standardized set of rules, promoting transparency, good governance, and improved effectiveness in addressing housing constraints and opportunities. It will help standardize meeting functions, agenda structure, and processes for annual recruitment and reorganization. This will ensure that the Committee functions similarly to other advisory bodies, governed by a clear and standardized set of rules, fostering transparency, organization, and good governance.
Approving the proposed bylaws for the HCOC would necessitate current members of the HCOC be grandfathered into the Committee under the newly defined membership categories and terms, as further described in the table below. Staggered terms would be initially implemented to ensure that annual recruitment is balanced and well-divided. Future terms would be three (3) years with term dates starting November 1 and ending on October 31 three years later.
Staff has evaluated the existing members to determine which membership categories they are qualified to hold and is recommending initial term appointments be made based on the table below with the initial advisory body recruitment for the HCOC to be held in the fall of 2025 to align with term start dates of November 1, of each year. Seats that have been created as part of the new bylaws and are vacant will be filled as part of the fall advisory body recruitment as well. Councilmember liaisons for the HCOC would continue to be Councilmembers Bausch and Gregory, as appointed in December 2024 when the City Council reviewed all liaison appointments.
Name of HCOC Member Term
Expires Membership Category
Initial
Term
Length
Mark Koegler 3/31/2026 Planning Commissioner 1 year*
Joel Neel 3/31/2026 Planning Commissioner 1 year*
Loni Willey N/A Paso Robles Housing Authority
Permanent
Seat for
HA
Director
Name of HCOC Member Term
Expires Membership Category
Initial
Term
Length
Vacant – to be filled in by Advisory Body
Recruitment in the fall of 2025 10/31/2026 Home Builders Association of the Central Coast 1 year Vacant – to be filled in by Advisory Body
Recruitment in the fall of 2025 10/31/2027 Chamber of Commerce 2 years Vacant – to be filled in by Advisory Body
Recruitment in the fall of 2025 10/31/2028 Real Estate Professional 3 years Ken Trigueiro – Grandfathered Member 10/31/2028 Affordable Housing Industry Professional 3 years
Greg Haas - Grandfathered Member 10/31/2026 At Large (1) 1 year Vince Vanderlip - Grandfathered Member 10/31/2027 At Large (2) 2 years Larry Werner - Grandfathered Member 10/31/2028 At Large (3) 3 years Note: *Planning Commissioners will be selected to the HCOC by consensus of the Planning Commission at their annual reorganization each March.
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)
It is recommended that City Council approves the following:
1. Establish the Housing Constraints and Opportunities Committee as an advisory body;
2. Approve the proposed HCOC Bylaws;
3. Appoint Mark Koegler, Joel Neel, Loni Willey, Ken Trigueiro, Vince Vanderlip, Greg Haas, and Larry Werner to the HCOC with term dates as noted.
Attachments
1. Proposed Housing Constraints and Opportunities Advisory Body Bylaws.
Attachment 1
City of Paso Robles 1 Adopted MM/DD/YYYY
PASO ROBLES HOUSING CONSTRAINTS & OPPORTUNITIES
COMMITTEE BYLAWS
ARTICLE I - THE COMMITTEE
Section 1: Name of Committee
The name of the Committee shall be the Paso Robles Housing Constraints & Opportunities Committee (hereinafter referred to as the “Committee”).
Section 2: Purpose
The Committee shall review housing issues and make recommendations to the City Council on ways to increase housing production. The Committee will focus on identifying both the constraints and opportunities in housing development within the City and will make informed recommendations to address housing shortages, affordability, and related challenges.
Section 3: Membership
Committee members are appointed by and serve at the pleasure of the City Council except as noted with the Housing Authority Director’s membership and the Planning Commission appointees.
Total Membership—Total membership of the Committee shall be ten (10) members, as defined in paragraph (b) below, two (2) of whom shall be Planning Commissioners, one (1) of whom will be the current Housing Authority Director, one (1) of whom will be an appointee affiliated with the Home Builders Association of the Central Coast, one (1) of whom will be an appointee affiliated with the Paso Robles/Templeton Chamber of Commerce, one (1) of whom will be a Licensed Real Estate Agent, one (1) of whom will be an Affordable Housing Industry Professional, and three (3) of whom shall be at-large appointees. Specific membership categories and qualifications are outlined in Article I Section 3 Paragraph (b). b. Membership Categories and Qualifications
To be eligible for membership on the Committee, a person must be either a:
(1) Planning Commissioner: To qualify under this category, the person must be a sitting Planning Commissioner selected by consensus of the Planning Commission at their annual reorganization meeting each March; or a (2) Paso Robles Housing Authority Director: To qualify under this category, the person must be the current Paso Robles Housing Authority Director. This position is a permanently appointed role to be filled by the person currently holding the
Attachment 1
City of Paso Robles 2 Adopted MM/DD/YYYY
position. The Paso Robles Housing Authority Director is exempt from any Committee term limits; or an
(3) Appointee Affiliation with the Home Builders Association of the Central Coast (HBACC): To qualify under this category, the person must be nominated by the HBACC, which will provide a letter of nomination to the Secretary of the Committee ahead of the annual recruitment for the upcoming vacancy and affirmed by a majority vote of the City Council to fill the three year term. Should a mid-term vacancy occur, the HBACC will submit a new nomination to complete the remainder of the term. The nominee will then need to be affirmed by the City Council; or an
(4) Appointee Affiliated with the Paso Robles/Templeton Chamber of Commerce: To qualify under this category, the person must be nominated by the President of the Chamber of Commerce who will provide a letter of nomination to the Secretary of the Committee ahead of the annual recruitment for the upcoming vacancy and affirmed by a majority vote of the City Council to fill the three year term. Should a mid-term vacancy occur, the President of the Chamber of Commerce will submit a new nomination to complete the remainder of the term. The nominee will then need to be affirmed by the City Council; or an
(5) Affordable Housing Industry Professional: To qualify under this category, the applicant must be a certified professional currently employed within a business that is recognized as an Affordable Housing Industry related business located within San Luis Obispo County and must be selected by a majority vote of the City Council through a noticed recruitment process; or a
(6) Licensed Real Estate Agent: To qualify under this category, the applicant must be a Licensed Real Estate Agent within the City of Paso Robles and must be selected by a majority vote of the City Council through a noticed recruitment process; or an
(7) At-Large Appointee: To qualify under this category, the person must be selected by a majority vote of the City Council through a noticed recruitment process . Of the three (3) at-large appointees, at least two (2) must be residents of the City at the time of appointment. Up to one (1) at-large appointees may be non-resident, provided they have a business or other demonstrated interest within the City.
Membership categories 5, 6, and 7 must all be selected by a majority vote of the City Council through a noticed recruitment process. In no case shall more than one member be affiliated with the same business and/or community organization.
Furthermore, should any situation arise that could create such a conflict, the category 1, 2, 3, or 4 positions would take precedence to hold seat. c. Grandfathered Membership. Members of the existing Housing Constraints & Opportunities Committee created in 2015 who are members as of May 2025 at the
Attachment 1
City of Paso Robles 3 Adopted MM/DD/YYYY
approval of these bylaws, are eligible for reappointment. Those members who are atlarge may be considered with the other at-large applicants. Those members who desire to be affiliated members shall need to secure recommendation for appointment by an organization in one of the categories delineated in Sub-paragraph b (2) of this Section 3.
Any existing member as of May 2025 who is reappointed shall be considered serving their first term in the new Committee.
d. Open Membership. Criteria and selection for membership shall not discriminate based upon sex, race, religion, creed, color, age, marital status, national or ethnic origin, or any other classification protected by law or classification protected by any local codified or adopted policy.
e. City. The Council shall ensure, to the extent possible, that at least a majority of the Committee members are residents of the City.
f. Term of Appointment. A member’s regular term of appointment shall be three (3) years, starting on November 1, 2025. However, the initial term for the three members from the At-Large Appointee category will be one at-large member for one year, one at-large member for two years, and one member for three years. When making the initial appointments, the Council shall determine the staggered terms of the individual at-large members and the staggered terms of the additional membership categories. Following these initial shorter staggered terms, subsequent terms of appointment for the members in all seats shall be three years.
With the exception of Paso Robles Housing Authority Director, no person shall be eligible for appointment for more than three consecutive terms, exclusive of prior appointment to fill an unexpired term of office. Persons who have served three full consecutive terms may be reappointed following a one-term absence.
g. Membership on Only One Committee. Appointees shall serve on only one City Council Advisory Body/Commission at any one time with the exception of Planning Commissioners who have been appointed to this Committee. Committee members acknowledge that serving on multiple Advisory Body Commissions may lead to forfeiture under the incompatibility of office doctrine.
h. Member Code of Ethics. Committee members shall adhere to the City Council’s Code of Ethics (Appendix A), and any binding authority that controls, including State law and Fair Political Practices Commission regulations. In addition, Committee members are to act for the long-term benefit of the community as a whole, not for personal benefit or the benefit of an organization or group they may belong to or that nominated them. In addition, Committee members will be required to complete AB 1234 training within sixty
Attachment 1
City of Paso Robles 4 Adopted MM/DD/YYYY
days of their appointment if they have not already completed training through the City in the prior two years.
Section 4: Conflict of Interest
Committee members shall refrain from using their position to unduly influence the deliberations or decisions of the City Council or other City commission, board, or committee and shall act in accordance with any binding authority that controls, including State law and Fair Political Practices Commission regulations. Committee members will be required to submit a Form 700 to the City within thirty days of their appointment and annually thereafter. In addition, upon leaving office from the Committee, members will be required to file a final Form 700. Committee members should reach out to the City Attorney’s Office with questions regarding compliance with this section.
Section 5: Termination of Membership
Membership in the Committee shall terminate if:
a. The member shall not be, or shall no longer be, a member of that membership category from and for which he or she was elected or appointed;
b. The member shall have acted in violation of Section 9 of Article III [Absences] of these Bylaws;
c. The member shall have served three consecutive full terms; or d. The member shall have acted in violation of the adopted Code of Ethics (Appendix A), any other applicable adopted City policy or State law, or for similar cause. e. The member shall have failed to complete the Form 700 within 30 days of appointment or have failed to complete the annual Form 700 requirement by the designated deadline.
Section 6: Removal of Members
A member may be removed by an affirmative vote of a majority of the City Council, if, after a hearing, it is found and determined that any one of the grounds for termination specified in Section 5 of Article I exists.
Section 7: Resignation
Any Committee member may resign at any time by giving written notice to the Chairperson, who shall forward such notice to the Committee and the City Council. Committee members shall endeavor to submit written notice at least ten (10) days before the planned effective date whenever possible. Any such resignation will take effect upon receipt or upon a date specified therein. The acceptance of such resignation shall not be necessary to make it effective.
Attachment 1
City of Paso Robles 5 Adopted MM/DD/YYYY
Section 8: Filling of Vacancies
In the event of a vacancy on the Committee, the City Council shall select an individual to fill such vacancy as soon as reasonably practicable. New members shall meet the qualifications set forth in Section 3 (b) of Article I in accordance with the membership type of the vacant position Section 9: Remuneration
Members shall serve without pay except for reimbursement for authorized travel expenses to meetings outside of the City, if any.
Section 10: Liaisons
In addition to the 10 Committee members, one member and one alternate member of the City Council appointed by the Mayor and confirmed by the full City Council, as well as the Community Development Director, or their designee, shall be non-voting Liaisons of the Committee. The purpose of the Liaisons shall be to facilitate the work of the Committee, by serving as a two-way conduit of information between the Committee and their respective City organizations.
ARTICLE II – OFFICERS
Section 1: Officers
The officers of the Committee shall consist of a Chairperson and a Vice Chairperson, who shall be elected in the manner set forth in Section 6 of this Article II.
Section 2: Chairperson
The Chairperson shall preside at all meetings of the Committee, and may submit such agenda, recommendations, and information at such meetings as are reasonable and proper for the conduct of the business affairs and policies of the Committee. The Chairperson may sign documents necessary to carry out the business of the Committee.
Section 3: Vice-Chairperson
The Vice Chairperson shall perform the duties of the Chairperson in the absence or incapacity of the Chairperson. In the event of the death, resignation, or removal of the Chairperson, the Vice Chairperson shall assume the Chairperson’s duties until such time as the Committee shall elect a new Chairperson.
Section 4: Secretary
The Community Development Department Director or designee shall be the Secretary of the Committee. The Secretary shall be responsible for noticing meetings, creating the agenda, and keeping the minutes and other official records for the Committee.
Section 5: Additional Duties
Attachment 1
City of Paso Robles 6 Adopted MM/DD/YYYY
The officers of the Committee shall perform such other duties and functions as may from time to time be required by the Committee, these Bylaws, or other rules and regulations, or which duties and functions are incidental to the office held by such officers.
Section 6: Election
The Chairperson and Vice Chairperson shall initially be elected from among the members of the Committee at the Committee’s first regular meeting. Thereafter, the Chairperson and Vice Chairperson shall be elected annually from among the members of the Committee. Officers of the Committee shall hold office until their successors are elected and in office. Any such officer shall not be prohibited from succeeding themselves.
Attachment 1
City of Paso Robles 7 Adopted MM/DD/YYYY
Section 7: Removal of Officers
Upon an affirmative vote by a majority of the members of the Committee present at a regular or special meeting of the Committee at which a quorum is present, the Chairperson or Vice Chairperson may be removed from their respective office, and a successor shall be elected pursuant to Section 8 of this Article II.
Section 8: Vacancies
Should the offices of the Chairperson or Vice Chairperson become vacant, the Committee shall elect a successor from among the Committee members at the next regular or special meeting, and such office shall be held for the unexpired term of said office.
ARTICLE III – MEETINGS
Section 1: Regular Meetings
The Committee shall meet at least once annually during the month of November and as needed throughout the year at 1000 Spring Street in Paso Robles, in the Council Chambers unless a different location is noticed on the agenda. All meetings will be noticed with an agenda, and other necessary documents shall be delivered to the members by email and with a link posted on City’s website at least 72 hours prior to any regular meeting.
Section 2: Special Meetings
Special meetings may be held upon call of the Chairperson or Secretary, or an affirmative vote by a majority of the members of the Committee present at a regular or special meeting of the Committee at which a quorum is present, for the purpose of transacting any business designated in the call, after notification of all members of the Committee by written notice delivered by email at least twenty-four (24) hours before the time specified in the notice for a special meeting.
At such special meeting, no business other than that designated in the notice shall be considered.
Section 3: Adjourned Meetings
Any meeting of the Committee may be adjourned to another meeting date, time, and place without the need for notice requirements of a special meeting, provided the adjournment adheres to the Ralph M. Brown Act (Gov. Code §54950 et seq.), and indicates the date, time, and place of the adjourned meeting. Committee members absent from the meeting at which the adjournment decision is made shall be notified by staff of the adjourned meeting.
Section 4: All Meetings to be Open and Public
All meetings of the Committee shall be conducted in Paso Robles, at a location accessible to the public (either in person or virtually in accordance with the procedures and requirements set forth under state law and applicable local regulations. All persons shall be permitted to attend except as otherwise provided by law.
Attachment 1
City of Paso Robles 8 Adopted MM/DD/YYYY
Section 5: Posting Agendas/Notices
The Secretary shall post an agenda for each regular Committee meeting or a notice for each special Committee meeting containing the time and location of the meeting together with a brief description of each item of business to be transacted or discussed at the meeting consistent with State law. Agendas/notices shall be posted outdoors at the Paso Robles City Library at least 72 hours in advance of each regular meeting and at least 24 hours in advance of each special meeting. The Secretary shall maintain a record of such posting.
Section 6: Right of Public to Appear and Speak
At every regular meeting, members of the public shall have an opportunity to address the Committee on any matter within the Committee’s subject matter jurisdiction. Public input and comment on matters on the agenda, as well as public input and comment on matters not otherwise on the agenda, shall be made during the time set aside for public comment; provided, however, that the Chairperson may direct that public input and comment on matters on the agenda be heard when the matter regularly comes up on the agenda. The Chairperson, with the consent of the Committee, and consistent with any Committee policies or guidelines, may limit the total amount of time allocated for public discussion, applied uniformly to each individual speaker.
At every special meeting, members of the public shall have an opportunity to address the Committee only on a matter agendized for that special meeting.
Section 7: Non-Agenda Items
Matters brought before the Committee at a regular meeting that had not been placed on the agenda of the meeting shall not be acted upon by the Committee at that meeting unless action on such matters is permissible pursuant to the Ralph M. Brown Act (Gov. Code §54950 et seq.).
Those non-agenda items brought before the Committee that the Committee determines will require Committee consideration and action, and where Committee action at that meeting is not so authorized, may be placed on the agenda for a future meeting at the discretion of the Committee, once a City staff report concerning the matter is prepared.
Section 8: Quorum
The powers of the Committee shall be vested in the members thereof. Six (6) of ten (10) total members (a majority) then in office shall constitute a quorum for the purpose of conducting the Committee’s business, exercising its powers, and for all other purposes, but less than that number may adjourn the meeting until a quorum is obtained. An affirmative vote by a majority of the members of the Committee present at a regular or special meeting of the Committee at which a quorum is present shall be required for approval of any question brought before the Committee.
Attachment 1
City of Paso Robles 9 Adopted MM/DD/YYYY
Section 9: Absences
Members shall notify the Secretary or Chairperson in advance of a meeting if they will not be able to attend. If a member is absent from two (2) meetings within a 12-month period, whether regular or special, such absence shall result in the termination of the membership of said member. The vacancy created by such termination of membership will be filled as soon as possible in accordance with Article 1 Section 8.
Section 10: Method and Order of Business
All business and matters before the Committee shall be transacted in conformance with the City Council’s established practice.
Section 11: Action Minutes
Minutes of the Committee shall be prepared in writing by the Secretary. The draft minutes of the Committee documenting the Committee’s actions shall be forwarded to the City Council following each meeting, and shall then be scheduled for approval by the Committee. The approved minutes of each meeting shall be made available on the City’s website and filed in the official book of minutes of the Committee.
Section 12: Reports and Recommendations to City Council Reports or recommendations of the Committee to the City Council, to the extent contemplated by the Committee’s purpose and responsibilities, shall be prepared in writing by the Secretary following every regular meeting and presented to the City Council during a public meeting once the Secretary or designee has prepared a report identifying key facts, options, analysis of the options, fiscal impact, and recommendations, and the report has been reviewed by the City Manager. Reports may also be prepared following a special meeting, at the request of the Committee.
The Chair, or the Chair’s designee, at the direction of a majority of the Committee at a meeting at which a quorum is present, may also make verbal reports to the City Council on any issue within the Committee’s purview. The verbal report may be agendized as a presentation item by the staff liaison or the Chair or Chair’s designee may make a brief verbal report as part of the general public comment portion of the meeting.
Section 13: Reports to the Community
The Committee, assisted by staff, shall also report to the community each time it reports to the Council. These reports shall be designed to communicate the latest identified housing issues and subsequent recommendations to Council. In addition, the reports shall seek to elicit questions or feedback from the broadest feasible cross section of the community. To these ends, a variety of media may be used, including, as appropriate, newsletters, social media, utility bill stuffers, the City’s website, etc.
Attachment 1
City of Paso Robles 10 Adopted MM/DD/YYYY
ARTICLE IV - REPRESENTATION BEFORE PUBLIC BODIES OTHER THAN THE CITY COUNCIL The Chairperson or designee may make official representations on behalf of the Committee before public bodies other than the City Council at the direction of the Committee and with the affirmative vote of a majority of the City Council.
Nothing in this article shall limit the ability of members of the Committee to speak before the City Council or any other public body as an individual, provided the member states he or she is not representing or speaking on behalf of the Committee.
ARTICLE V – SUB-COMMITTEES
The Committee may establish any standing and/or special sub-committees consistent with State law it deems necessary consistent with, and to fulfill, its stated purpose as established in Article I, Section 2 of these Bylaws.
ARTICLE VI – AMENDMENTS
These Bylaws may be amended upon an affirmative vote by a majority of the City Council.
From: Jeff Carr
To: City Clerk
Subject: City of Paso Robles City Council Meeting--May 6, 2025 Public Comment Date: Tuesday, May 6, 2025 10:28:55 AM
[EXTERNAL EMAIL]
City of Paso Robles City Council Meeting--May 6, 2025
Public Comment
Item P.4: Approval of Housing Constraints and Opportunities Committee Advisory Body Bylaws and Appointment of Grandfathered Committee Members
I'm very happy to finally see this issue of HCOC bylaws addressed by the city manager. I could easily question and refute some of the HCOC history reported in this staff report--but won't today--and instead hope these new bylaws can be a sign of a new trend towards better city management in the City of Paso Robles.
Regarding the process of grandfathering existing members under the rules of these bylaws. It's my understanding that some, possibly most, current members have all served for many years, longer than a term and possibly longer than 3 terms. If true that any appointed member has already served a term, I feel that position should be opened up for re-appointment this November 2025. The existing member can of course apply for re-appointment. If staggering of at-large members is desired--that can still happen, but should start with the 1 at-large position being opened up now-- then others in 1 year and 2 years. How was the at-large 'initial term' decided here? That is, was it random (e.g., picked out of a hat) or what other method was used to decide who would get the 1 year term vs. 2 or 3 year terms? Specific questions/comments of bylaws:
Article I, Section 1: Name of Committee--add "(HCOC)" after the words, "Housing Constraints & Opportunities Committee" in the only sentence in this section. This is an acronym commonly used to identify this committee--even though not used in this document.
Article I, Section 3: Membership--Confusing paragraph id's here. There is a "b.
Membership Categories and Qualifications" on up to a paragraph 'h', but no 'a' paragraph is identified.
Article I, Section 3 b.(1) Planning Commissioner--What exactly is the "annual reorganization meeting each March"? There has been recent public discussion of this event and whether it is a social event or an official city meeting. It looks like a social event dinner with city and planning commission members; I understand guests are also invited. A meeting notice and agenda exists, but it doesn't appear the public is invited to attend. Public comments are requested via email--but no public comment periods are shown on the agenda. What's happening here? Is this an appropriate meeting for this and other city business (despite what a legal opinion might be)? What Carr, Jeff
P4 - Public Comment
need is this social event format serving?
Article I, Section 3 b.(7) At-Large Appointee--"In no case shall more than one member be affiliated with the same business and/or community organization". I like this; is it part of other advisory body bylaws? Does it include simple membership; e.g, in the Chamber of Commerce--or does it imply some higher position or affiliation within the organization?
Article I, Section 3 g. Membership on Only One Committee--Should this also explicitly include city Ad Hoc Committees? That is, of course, except ad hocs springing from the HCOC.
Article I, Section 4: Conflict Interest--Regarding this 1st sentence: "Committee members shall refrain from using their position to unduly influence the deliberations or decisions of the City Council or other City commission, board, or committee . . .". I would include public workshops and other public information events. This may be covered in Article IV Representation Before Public Bodies Other Than The City Council--as well as it can be.
Article II, Section 4 Secretary--The secretary is responsible for "creating the agenda" in addition to other duties. This leads to the question as to how agendas are decided.
How can a committee member(s) add a topic to the agenda? Article III, Section 9 Absences--This states, "If a member is absent from two (2) meetings within a 12-month period, whether regular or special, such absence shall result in the termination of the membership of said member." -- However, section 1 of this Article requires only 1 meeting per year. Therefore a member could possibly be absent from every meeting during their tenure and not trigger a termination for absence. Perhaps something like absence from 2 consecutive regular meetings instead. I omit special meetings because 24 hours notice is very short and, honestly, they are something to avoid. It's not clear why the HCOC would ever need a 'special meeting'.
Article III, Section 10 Method and Order of Business--"All business and matters before the Committee shall be transacted in conformance with the City Council’s established practice." What is this exactly? This could include a reference and/or link to the city's 'Council Policies and Procedures' document--but that needs an update.
Article III, Section 11 Action Minutes--"The approved minutes of each meeting shall be made available on the City’s website and filed in the official book of minutes of the Committee." I would add that a DRAFT copy of meeting minutes will be posted on the website within 30 days following the meeting date--and that be done for all city meetings. As HCOC meetings are few and far between--sometimes up to a year--it would be very helpful to have at least a draft of the minutes in 30 days.
Article III, Section 12 Reports and Recommendations to City Council. Good! I would include a timeline for these reports--perhaps no later than 30 days following the HCOC meeting.
Carr, Jeff
P4 - Public Comment
Jeff Carr--Paso Robles, CA
Carr, Jeff
P4 - Public Comment
Council Agenda Report
From: Leslie Frazier, City Engineer/Deputy Community Development Director Subject: Introduction for First Reading by Title Only an Ordinance of the El Paso de Robles Municipal Code Amending Chapter 11.20 Regarding Trenching and Pavement Preservation and Approval of a Resolution Adopting Microtrenching Standards for Facilities in the Public Right of Way
CEQA Determination: The City finds that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.
Date: May 6, 2025
Facts
1. The City’s street network of more than 350 lane miles is a valuable public resource that requires proper maintenance and management to maximize pavement longevity and reduce maintenance cost to taxpayers.
2. In November 2012, voters approved Measure E-12, increasing the City sales tax by 0.5% for a 12-year period beginning April 1, 2013 and sunsetting March 31, 2025. The main priorities of this tax measure were to fund street repair, maintenance and improvement.
3. In November 2024, voters approved Measure I-24, extending Measure E-12’s sales tax increase indefinitely. This 0.5% supplemental sales tax has generated $5 million to $7 million annually which is invested back into our community through road maintenance, street repair and improvement.
4. The City also utilizes additional funding sources for road maintenance including grants, the City’s General, Measure J-20, Gas Tax, Senate Bill 1 (SB1), and Traffic Impact Fees (TIF) Funds. The City has expended anywhere between $5 million to $9 million annually for road maintenance and rehabilitation projects since 2012, with a current total budget of $28 million.
5. Pavement Condition Index (PCI) is a numerical index between 0 and 100, with 100 being best, that is used to indicate the general condition of a pavement section. The City-wide PCI average is 55 with Westside streets averaging 47 and Eastside streets averaging 61. For context, California cities as a whole have an average PCI of 62, San Luis Obispo County averages a PCI of 60, while the City of Atascadero averages a PCI of 48.
6. In order to improve roadway conditions, and increase City-wide PCI, additional roadway maintenance, restoration, resurfacing and continued City investment is required.
7. Since the approval of Measure E-12, the City has made substantial investments in roadway projects and has funded more than 44 different road maintenance projects in the City to date with additional roadway projects planned for the future using I-24 funding.
8. Installing, replacing, or repairing underground utilities is one of the most common reasonsthat require cuts in pavements.
9. Pavement cuts significantly reduce the lifespan of streets, leading to premature deterioration and more frequent repairs, increasing costs to the City for roadway repair and maintenance, and decreasing City-wide PCI.
10. Limiting pavement cuts and maintaining pavement in good condition over a longer period of time increases pavement longevity, which in turn reduces maintenance expenses and improves City-wide PCI over the long term.
11. In 1942, City Council drafted and adopted Section 11.20 of the Paso Robles Municipal Code (PRMC), which contains provisions for street excavations through encroachment permits. Time, technology advances and prioritization of road repairs necessitated this section be updated.
12. In December 2006, the City Council approved the current Pavement Management Program which provides fundamental provisions for temporary trench repairs are contained in the Department of Public Works Standard Details and Specifications.
13. Adding a new Section 11.20.090 to PRMC Chapter 11.20, entitled “Pavement Preservation” would enable continued development, while protecting the City’s infrastructure investment, preserving the longevity and quality of our streets, and providing a pleasing appearance to newly paved roadway surfaces.
14. In addition, effective January 1, 2022, California Government Code section 65964.5 (SB 378) requires all cities to allow microtrenching, a new construction technique for the installation of underground fiber, typically deployed in the public right of way.
15. In 2014, the City Council adopted the City’s Standard Details and Specifications (City Standards) outlining written specifications and detailed drawings to establish standards of tolerance and quality for public works construction and excavations in the public right-of-way; these City Standards were last updated by City Council in October 2020 and do not address microtrenching.
16. More recently, several telecommunication companies have sought to install fiber optic cables, conduit, and other related appurtenances inside the public right-of-way through microtrenching.
17. In 2023, the City Council approved the North County Broadband Strategic Plan, which provided several recommendations for the City to consider to advance the deployment of fiber throughout the community. One of the recommendations is to “improve the permitting processes and supporting tools to streamline broadband permits. Implement “broadband friendly” policies such as Dig Once, micro trenching, and conduit installation.”
18. To address new interest in microtrenching, the City Engineer has developed an update to the City Standard Details and Specifications to include new microtrenching standards in order to attempt to minimize the impact of microtrenching to City streets.
19. The amendment to the Standard Details and Specifications is attached to Resolution 25-XXX, adopting the Microtrenching Standards for Facilities in the Public Right-of-Way (Attachment 2) and includes the following change:
Section VIII - Standard Drawings:
Drawing Description Drawing No. Amendment
Microtrenching Detail U-8.0, U-8.1, U-8.2 New Detail
20. The draft Resolution also authorizes the City Engineer to update the Microtrenching Standards for Facilities in the Public Right-of-Way from time to time as needed to accommodate changes in technology and deployment techniques.
21. The Microtrenching Standards for Facilities in the Public Right-of-Way are designed to minimize impacts to the City’s pavement preservation, road maintenance, and street repair objectives and
facilitate the City’s pavement rehabilitation program which typically utilizes an average restoration depth of 13 to 14 inches, requiring a minimum microtrench depth of 16 inches to avoid adverse impacts to the public health or safety and unintended disruption or damage to fiber deployments in the right of way.
22. Adoption of the City’s Microtrenching Standards for Facilities in the Public Right-of-Way in tandem with the pavement preservation ordinance furthers the City’s pavement preservation goals by minimizing the impact of repeated street cuts into the public right-of-way and by establishing standards for microtrenching consistent with Government Code section 65964.5 for the deployment of fiber optic cables and related ancillary equipment in the public right-of-way.
Community Outreach
The Community Development Department solicited feedback from industry stakeholders comprising a range of public utilities and telecommunications companies who typically place facilities within the public right of way, during development of the Microtrenching Standard for Facilities in the Public right of way, which included American Dark Fiber, Astound, Charter, ATT, and PG&E. Comments were received by one party, with the remaining parties declining to provide comments in advance of the scheduled City Council meeting.
Options
1. Take no action;
2. Introduce for first reading by title only Ordinance XXXX amending Chapter 11.20 of the municipal code regarding trenching and pavement preservation and approve Resolution 25-XXX adopting the City’s Microtrenching Standards for Facilities in the Public Right-of-Way;
3. Provide alternative direction to staff.
Analysis and Conclusions
Periodically, contractors approach the City and request encroachment permits to excavate street segments for improvements or repairs. Sometimes, these excavations occur soon after a street has been constructed, overlaid, or slurry sealed. Contractors are required to repair the pavement cuts in accordance with the City’s current Standard Details and Specifications; however, even with proper repair, street cuts have the potential to significantly alter and degrade the pavement surface and reduce pavement longevity.
According to the Federal Highway Administration, potential problems that can arise from uncontrolled and frequent pavement cuts include, but are not limited to:
Rapidly deteriorating pavement structures in the vicinity of the cuts. Accelerated funding requirements to maintain, rehabilitate, and reconstruct prematurely failed pavement structures.
Excessive delays to the traveling public due to closed traffic lanes. Increased traffic congestion and related air quality issues. Damage to vehicles due to excessive road roughness.
As a result, the City proposes establishing protections on newly paved streets to minimize pavement degradation, maintain structural integrity, retain smooth surfaces, and limit negative visual impacts. With
protections on newly paved streets in place, contractors with proposed projects requiring roadway excavation will: (a) need to plan and review potential conflicts with paving projects more effectively; (b) consider alternative deployment methods such as aerial deployments or deployment within existing conduits; or (c) qualify for an exception from the pavement preservation requirement.
The proposed Ordinance seeks to add a new Section 11.20.090 entitled “Pavement Preservation” to Chapter 11.20 “Street Excavation” to preserve street pavement by restricting trenching and excavating within any street that has been newly constructed, reconstructed, slurry sealed, resurfaced, overlaid, or the subject of pavement rehabilitation within the past five (5) years. The foregoing restriction includes several exceptions for emergency encroachments; work mandated by city, state, or federal legislation; utility services for new development; essential utility repairs to prevent interruption of service; and other situations deemed by the City Engineer to be in the best interest of the general public.
In the event a proposed excavation qualifies for an exception, permittees would be subject to a set of standard conditions of approval outlined in Section 11.20.090 imposing expanded pavement repair and restoration requirements beyond the current City pavement restoration standard to preserve pavement quality and longevity of the newly paved street.
In addition, the City Engineer proposes an amendment to the City’s Standard Details and Specifications to incorporate microtrenching standards for facilities in the public right-of-way. The City’s Microtrenching Standards for Facilities in the Public Right-of-Way will further the City’s pavement preservation goals by minimizing the impact of repeated street cuts into the public right-of-way and will protect the integrity and quality of streets and will establish standards for microtrenching within the public right-of-way.
In 2023, the City Council approved the North County Broadband Strategic Plan, which provided several recommendations for the City to consider to advance the deployment of fiber throughout the community.
One of the recommendations is to “improve the permitting processes and supporting tools to streamline broadband permits. Implement “broadband friendly” policies such as Dig Once, micro trenching, and conduit installation.” The microtrenching policy advances the City Council's objectives of improving access to fiber within the community by creating a clear and straightforward process.
Fiscal Impact
There is no direct fiscal impact by amending Chapter 11.20 to add trenching and pavement preservation requirements for encroachment of the public right-of-way or approving new standards and policies for microtrenching in the public right-of-way. Over the long-term, the City expects the updated trenching and pavement preservation requirements to reduce the City’s pavement restoration and rehabilitation costs by reducing the impact of certain pavement cuts and extending the longevity of newly paved streets.
CEQA
The City finds that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.
Recommendation (Option 2)
It is recommended that City Council approve the following:
1. Introduce for first reading by title only Ordinance No. XXX N.S. Amending Chapter 11.20 of the El Paso de Robles Municipal Code regarding trenching and pavement preservation; and
2. Approve Resolution 25-XXX, adopting the City’s Microtrenching Standards for Facilities in the Public Right-of-Way.
Attachments
1. Ordinance No. XXXX N.S. – Amending Chapter 12.20 of the Municipal Code
2. Resolution 25-XXX, adopting the Microtrenching Standards for Facilities in the Public Right-of-Way a Exhibit A – Microtrenching Standards for Facilities in the Public Right-of-Way
82472.01015\43415966.6
Attachment 1
ORDINANCE NO. XXXX N.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES ADDING SECTION 11.20.090 OF THE MUNICIPAL CODE OF THE CITY OF EL PASO DE ROBLES
REGARDING PAVEMENT PRESERVATION WITHIN THE PUBLIC RIGHT-OF-WAY, AND
DETERMINING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTION 15061(B)(3) WHEREAS, the City of El Paso de Robles California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, pursuant to the California Constitution, Article, XI, section 7, the City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general law; and
WHEREAS, the California Constitution grants the City the right to adopt reasonable regulations regarding its rights-of-way, which reasonable regulations would include the establishment of protections on newly paved streets; and
WHEREAS, the public right-of-way is a unique public resource held in trust for the benefit of the public; this physically limited resource requires proper management to maximize its efficiency and minimize the costs to taxpayers, to protect against foreclosure of future economic expansion because of premature exhaustion of the public right-of-way, and to minimize the inconvenience to and negative effects on the public from use of the public right-of-way by repeated excavations; and WHEREAS, to protect the integrity and quality of streets and public right-of-way, the El Paso de Robles Municipal Code sets forth, in Chapter 11.20 (“Street Excavations”), a permitting and fee system for encroachments and trench cuts to City streets; and
WHEREAS, protections on newly paved streets would safeguard the City’s investment in its infrastructure, preserve the life of streets, and provide a safe driving surface and a pleasing appearance to roadway surfaces that have undergone utility and other excavation work; and WHEREAS, the City desires to establish protections on newly paved streets through the adoption of this Ordinance to further the purposes stated herein.
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. Section 11.20.090 of Chapter 11.20 of Title 11 of the El Paso de Robles Municipal Code, entitled “Pavement Preservation” is hereby added to read in its entirety as follows:
“Section 11.20.090 – Pavement Preservation
82472.01015\43415966.6
Attachment 1
A. Pavement Preservation on Newly Paved Streets. Excavating, cutting, drilling, trenching, digging, potholing or otherwise disturbing the surface of any newly paved street is prohibited.
For purposes of this Section, the term “Newly Paved Street’ shall mean any street that was constructed, reconstructed, slurry sealed, resurfaced, overlaid, or the subject of pavement rehabilitation within the past five (5) years.
B. Exceptions. An exception to the above pavement preservation requirement for newly paved streets may be granted in the following situations at the discretion of the City Engineer.
Applicants seeking to excavate, cut, drill, trench, dig, pothole or otherwise disturb the surface of any newly paved street must submit a written request to the City Engineer, as part of their initial application submittal to the City, indicating which of the following exceptions apply to the proposed work with adequate supporting documentation as deemed reasonably necessary by the City Engineer:
1. Emergency encroachments that are immediately necessary to preserve life, property, or public health and safety from an imminent threat of harm;
2. Work that is mandated by city, state, or federal legislation, or initiated by the City;
3. Work necessary for new development or new customers to provide utility service for buildings or parcels where no other reasonable means of providing service exists;
4. Repairs or modifications that are necessary to prevent the interruption of essential utility service;
5. Other situations deemed by the City Engineer to be in the best interest of the general public.
Emergencies and other exceptions do not exempt the permittee from any requirements to repair the pavement as required by this section or as conditions of approval of a permit. The provisions of this section shall not apply to officers or employees of the City acting in the discharge of their official duties.
C. Permit Conditions. Any approval of an excavation in a newly paved street shall be subject to the following conditions in this subsection (C). The City Engineer shall have discretion to modify, supplement, waive or amend these conditions as may be necessary or appropriate under the circumstances to protect public health and safety or in furtherance of the goals of this section.
1. If affected pavement is isolated to one side of the centerline, permittee shall grind and overlay to a depth of 2 inches with a width extending from the curb to the centerline for the entirety of the length of the excavation.
2. If affected pavement extends past the centerline, permittee shall grind and overlay to a depth of 2 inches with a width extending from the curb to curb for the entirety of the length of the excavation.
3. For excavations perpendicular to the curb face where affected pavement is isolated to one side of the centerline, permittee shall grind and overlay to a depth of 2 inches with a width
82472.01015\43415966.6
Attachment 1
extending from the curb to the centerline and a length equal to 10 feet on both sides of the excavation.
4. For excavations perpendicular to the curb face where affected pavement extends past the centerline, permittee shall grind and overlay to a depth of 2 inches with a width extending from the curb to curb and a length equal to 10 feet on both sides of the excavation.
5. No pavement restoration is required for driveway aprons, if permittee cuts at edge of gutter and uses edge of existing asphalt concrete as batter board.
6. For all pavement restoration, permittee shall match existing material of the roadway, unless waived by the City Engineer.
7. Excavations utilizing trenchless options, including but not limited to pipe lining or pipe bursting, shall be subject to reduced pavement restoration requirements as deemed appropriate by the City Engineer on a case by case basis.
Section 3. CEQA. The City finds that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.
Section 5. Effective Date. This Ordinance shall be in full force and effect 30 days after its passage and adoption as provided by Government Code section 36397.
Section 6. Publication. The City Clerk shall certify to the passage of this Ordinance by the City Council of the City of El Paso de Robles, California, and cause the Ordinance to be published once within 15 days after passage in a newspaper of general circulation published and circulated in the City in accordance with Government Code section 36933.
INTRODUCED at a regular meeting of the City Council held on _______, 2025, for first reading by the City Council of the City of El Paso de Robles, and adopted on the ___ day of ______, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
82472.01015\43415966.6
Attachment 1
John R. Hamon, Jr., Mayor
ATTEST:
Melissa Boyer, City Clerk
82472.01015\43588975.1
Attachment 2
RESOLUTION 25-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES
ADOPTING THE MICROTRENCHING STANDARDS FOR FACILITIES IN THE PUBLIC RIGHT-OF-WAY,
AND DETERMINING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTION 15061(B)(3) WHEREAS, the City of El Paso de Robles California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, pursuant to the California Constitution, Article, XI, section 7, the City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general law; and
WHEREAS, the California Constitution grants the City the right to adopt reasonable regulations regarding its rights-of-way, which reasonable regulations would include the establishment of protections on newly paved streets; and
WHEREAS, the public right-of-way is a unique public resource held in trust for the benefit of the public; this physically limited resource requires proper management to maximize its efficiency and minimize the costs to taxpayers, to protect against foreclosure of future economic expansion because of premature exhaustion of the public right-of-way, and to minimize the inconvenience to and negative effects on the public from use of the public right-of-way by repeated excavations; and WHEREAS, to protect the integrity and quality of streets and public right-of-way, the El Paso de Robles Municipal Code sets forth, in Chapter 11.20 (“Street Excavations”), a permitting and fee system for encroachments and trench cuts to City streets; and
WHEREAS, in 2014, the City Council adopted the City’s Standard Details and Specifications outlining written specifications and detailed drawings to establish standards of tolerance and quality for public works construction and excavations in the public right-of-way, which were last updated by Council in October 2020 and which do not address microtrenching.
WHEREAS, the Microtrenching Standards for Facilities in the Public Right-of-Way seek to further the City’s pavement preservation goals by minimizing the impact of repeated street cuts into the public right-of-way and to establish standards for microtrenching consistent with Government Code section 65964.5 for the deployment of fiber optic cables and related ancillary equipment in the public rightof-way.
WHEREAS, the Microtrenching Standards for Facilities in the Public Right-of-Way are designed to minimize impacts to the City’s pavement preservation, road maintenance, and street repair objectives and facilitate the City’s pavement rehabilitation program which typically utilizes an average restoration depth of 13 to 14 inches, requiring a minimum microtrench depth of 16 inches to avoid adverse impacts to the public health or safety and unintended disruption or damage to fiber deployments in the right of way.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:
82472.01015\43588975.1
Attachment 2
Section 1. All of the above recitals are true and correct and incorporated herein by reference.
Section 2. CEQA. The City finds that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Microtrenching Standards for Facilities in the Public Right-of-Way may have a significant effect on the environment.
Section 3. The City Council hereby approves the Microtrenching Standards for Facilities in the Public Right-of-Way attached hereto as Exhibit A, and incorporated herein by reference.
Section 4. The City Engineer is directed to publish the Microtrenching Standards for Facilities in the Public Right-of-Way within five (5) business days following its adoption, and is authorized to update the policy from time to time.
Section 5. The Microtrenching Standards for Facilities in the Public Right-of-Way shall be effective upon publishing by the City Engineer.
APPROVED this 6th day of May, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John R. Hamon, Jr., Mayor
ATTEST:
Melissa Boyer, City Clerk
Exhibit A – Microtrenching Standards for Facilities in the Public Right-of-Way
FIRST INSTALLED
CONDUIT
EXISTING BASE
EXISTING CURB AND GUTTER
NATIVE MATERIAL
BOTTOM OF
TRENCH
1" MIN. TO 4"
MAX WIDTH GUTTER LIP
2'-0"
MAX
SEE GRIND SECTION 2-2.2
NEW ASPHALT
CONCRETE PAVEMENT
GRIND AND CAP
2" MIN.
EXISTING ASPHALT
CONCRETE PAVEMENT
THICKNESS VARIES
12 GAUGE INSULATED LOCATOR
WIRE, TAPED TO CONDUIT
GRIND AND RESTORATION SECTION 26" MAX 16" MIN.
TACK COAT
1" MIN.
2 SACK CEMENT SAND SLURRY
GENERAL AND LOCATION STANDARDS:
1. ALL WORK SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE LATEST CITY OF PASO ROBLES PAVEMENT PRESERVATION REQUIREMENTS (ORD. 11.20.090) AND CITY STANDARD DETAILS AND SPECIFICATIONS.
2. MICROTRENCHING SHALL NOT BE ALLOWED IN CONCRETE PAVED STREETS, CURB, GUTTER, CROSS GUTTER, BUS PAD,
SIDEWALK, FLOATING CURB EXTENSION, BUS BULB, TRUCK PILLOW, RAISED CROSSWALK, ISLAND, MINI-ROUNDABOUT, OR SIMILAR ELEMENTS.
3. ALL MICROTRENCHING SHALL OCCUR WITHIN 2' OF GUTTER LIP, OR CURB IF GUTTER IS NOT PRESENT.
4. CONTRACTORS MUST PROPOSE PLACEMENT OF DRY UTILITY FACILITIES, LINES AND CONDUITS IN THE RIGHT OF WAY IN ACCORDANCE WITH THE CITY'S RIGHT OF WAY LOCATION MATRIX OUTLINED BELOW. CONTRACTORS SHALL UTILIZE AERIAL
DEPLOYMENT ON EXISTING UTILITY POLES OR WITHIN EXISTING PUBLIC UTILITY EASEMENTS OR PARKWAYS WHERE AVAILABLE AND TECHNICALLY FEASIBLE, BEFORE ATTEMPTING TO UTILIZE TRENCHING TECHNIQUES WITHIN THE RIGHT OF WAY. += REQUIRED
0= PREFERRED
A= ALLOWED
X= PROHIBITED
UNLESS EXCEPTED BY
PRMC 11.20.090
EXISTING
OVERHEAD
PUE/PARKWAY PAVEMENT
DIRECTIONAL
BORE
MICROTRENCH DIRECTIONAL
BORE
MICROTRENCH STANDARD
TRENCH
ARTERIAL STREETS + 0 A A A X
COLLECTOR STREETS + 0 A A A X
LOCAL STREETS + A A 0 A A
NEWLY PAVED ST. SUBJECT
TO PRMC 11.20.090 + A A X X X
DAMAGE TO EXISTING UTILITIES:
CITY OF PASO ROBLES
ENGINEERING DIVISION
DRAWN BY: DESIGNED BY:
REVISIONS
DATE BY
DWG-NO.
MICROTRENCHING
DETAIL (1 OF 3) U-8.0
DP LF
Exhibit 'A'
PRE-CONSTRUCTION SUBMITTALS & FIELD INVESTIGATION:
1. THE CONTRACTOR SHALL:
1.1. IDENTIFY ALL EXISTING UTILITIES, INCLUDING SERVICE CONNECTIONS IN THE FIELD.
1.2. CONTACT UNDERGROUND SERVICE ALERT (U.S.A) AT LEAST 72 HOURS PRIOR TO THE START OF WORK AT 8-1-1, OR TOLL-FREE AT 1-800-422-4133.
1.3. FURTHER SUPPLEMENT THE FINDINGS OF U.S.A. TO DETERMINE THE EXACT LOCATIONS AND DEPTHS OF ALL UTILITIES BY POTHOLING UTILITIES. 1.4. POTHOLE ALL CROSSING UTILITIES AND PARALLEL UTILITIES INCLUDING MAINS, SERVICES, LATERALS, AND APPURTENANCES WITHIN 36 INCHES OF THE PROPOSED ALIGNMENT TO A DEPTH OF 6 INCHES BELOW THE BOTTOM OF THE MICRO-TRENCH, TO DETERMINE THE EXISTING UTILITY ALIGNMENT, ELEVATION, SIZE, AND MATERIAL.
1.5. POTHOLES SHALL BE IMMEDIATELY BACKFILLED AND COMPACTED IN ACCORDANCE TO CITY SPECIFICATIONS OR RESTORED AS DIRECTED BY THE CITY ENGINEER.
2. UTILITY SEPARATIONS:
2.1. FIVE FEET FROM SIDEWALL OF EXISTING OR PROPOSED WATER, RECYCLED WATER, OR SEWER LINES.
2.2. 18-INCHES MINIMUM ABOVE WATER OR RECYCLED WATER UTILITY CROSSINGS.
2.3. 12-INCH MINIMUM ABOVE CROSSING SEWER LATERALS AND MAINS IN A CROSSING.
2.4. 12-INCH FROM ALL OTHER UTILITIES WHEN CROSSING PERPENDICULARLY.
3. THE FOLLOWING ITEMS SHALL BE SUBMITTED BY THE CONTRACTOR TO THE CITY ENGINEER FOR APPROVAL.
3.1. POTHOLE REPORT DOCUMENTING ALL CROSSINGS AND PARALLEL UTILITIES (SEE 3.4 ABOVE).
3.2. PROVIDE A DETAILED SITE PLAN WHICH SHALL INCLUDE LOCATIONS OF EXISTING UTILITY CROSSINGS AND PARALLEL
UTILITIES FROM POTHOLE REPORT AND THE DISTANCE OF THE MICRO-TRENCH AND EDGES OF GRIND AND CAP THE FACE OF GUTTER, CURB, CONCRETE PAVEMENT, OR STRUCTURE AS APPLICABLE.
3.3. A TYPICAL MICRO-TRENCH DETAIL THAT INCLUDES THE FOLLOWING INFORMATION:
A) THE MAXIMUM ASPHALT CONCRETE (AC) ROADWAY THICKNESS, BASE, DEPTH, AND WIDTH OF MICRO-TRENCH, DEPTH OF TOPMOST CONDUIT, AND BACKFILL MATERIAL.
B) AC REINSTATEMENT INCLUDING WIDTH AND DEPTH OF GRIND AND CAP.
3.4. DETAIL SHOWING CONDUIT FROM MAIN MICRO-TRENCH ALIGNMENT TO LATERAL SURFACE CONNECTIONS INCLUDING TO ANY JUNCTION/PULL BOX. INCLUDE SPECIFIC INFORMATION OF DEPTH, SIZE, AND METHOD OF EXCAVATION BELOW THE EXISTING CURB AND GUTTER.
3.5. CUT SHEETS OF THE PROPOSED EQUIPMENT PARTICULARLY SUITABLE FOR MICRO-TRENCHING, INCLUDING:
A)MICRO-TRENCHER CAPABLE OF MEETING TARGET DEPTH AND WIDTH IN A SINGLE PASS WITH AN INTEGRAL HOOD
AND ASSOCIATED VACUUM SYSTEM, SELECTION OF CUTTING WHEEL SHALL BE SUCH THAT IT MINIMIZES DAMAGE TO THE ADJACENT AC SURFACE.
B) MOBILE CONCRETE/SLURRY PLACEMENT WITH AN ON-BOARD VIBRATOR AND NARROW TROUGH TO MATCH MICRO-TRENCH WIDTH.
C) MOBILE GROUND PENETRATING RADAR(GPR) SYSTEM THAT IS CAPABLE OF LOCATING BOTH METALLIC AND NON-METALLIC PIPES AND CABLES TO A DEPTH OF 24 INCHES. GPR SHALL NOT BE SUBSTITUTED FOR POTHOLING.
3.6. OTHER SITE-SPECIFIC ITEMS AS REQUIRED BY THE CITY ENGINEER AND UTILITIES DIRECTOR. 3.7. THE CITY ENGINEER SHALL APPROVE ANY VARIANCE FROM THE SUBMITTAL REQUIREMENTS.
DAMAGE TO EXISTING UTILITIES:
1. IF EXISTING UTILITIES ARE DAMAGED, THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE CITY'S ENGINEERING INSPECTOR, CITY ENGINEER, AND DAMAGED UTILITY OWNER. THE CONTRACTOR IS RESPONSIBLE TO PERFORM THE REPAIRS PROMPTLY ACCORDING TO THE DAMAGED UTILITY OWNERS REQUIREMENTS AND PER ASSOCIATED CITY PERMITS.
2. DAMAGED TRAFFIC SIGNAL LOOPS AND CONDUITS SHALL BE RESTORED IN KIND IMMEDIATELY.
CITY OF PASO ROBLES
ENGINEERING DIVISION
DRAWN BY: DESIGNED BY:
REVISIONS
DATE BY
DWG-NO.
MICROTRENCHING
DETAIL (2 OF 3) U-8.1
DP LF
LIMITS OF REMOVALS, TRENCH WIDTH, AND LOCATION:
1. THE MICRO-TRENCH SHALL BE CONSTRUCTED WITH CONTINUOUS UNIFORM STRAIGHT AND NEAT EDGES.
2. MICRO-TRENCH ALIGNMENTS SHALL CONSIST OF RUNS PARALLEL TO THE CENTERLINE OF THE STREET. STREET CROSSING MAY BE DONE PROVIDED THE ALIGNMENT IS PERPENDICULAR TO THE STREET CENTERLINE TO THE EXTENT POSSIBLE.
3. THE MICRO-TRENCH WIDTH SHALL BE A MINIMUM OF 1-INCH AND A MAXIMUM OF 4-INCHES.
4. UP TO TWO (2) VERTICALLY STACKED CONDUITS CAN BE PLACED WITHIN A MICRO-TRENCH.
5. THE HIGHEST CONDUIT SHALL BE INSTALLED AT A MINIMUM DEPTH OF 16 INCHES BELOW THE EXISTING AC PAVEMENT SURFACE.
6. CONTRACTOR MUST PROVIDE METHOD OF WEIGHING/ANCHORING DOWN CONDUITS TO PREVENT CONDUITS FROM FLOATING, AND TO MAINTAIN REQUIRED DEPTH FOR TOP OF CONDUIT.
BACKFILL:
1. ALL MICRO-TRENCHES SHALL BE COMPLETELY BACKFILLED WITH A TWO SACK CEMENT SAND SLURRY TO FINISH GRADE BY THE END OF THE WORK DAY. CEMENT SLURRY SHALL NOT BE USED OVER WATER OR RECYCLED WATER CROSSINGS.
2. CONTRACTOR SHALL USE A VIBRATOR TO ENSURE SLURRY FILL WITHOUT VOIDS.
GRIND AND RESTORATION SECTION:
1. COMMENCEMENT OF SURFACE PREPARATION SUCH AS GRINDING/CHIPPING FOR ASPHALT CONCRETE PAVING REPLACEMENT WILL OCCUR NO SOONER THAN 48 HOURS AFTER SLURRY BACKFILL OF THE TRENCH. FIELD CONDITIONS OR MATERIAL USED MAY NECESSITATE A LONGER WAIT AS DETERMINED BY THE CITY'S ENGINEERING INSPECTOR.
2. AS SOON AS BACKFILL HAS CURED, NOT TO EXCEED 30 CALENDAR DAYS, ASPHALT CONCRETE SHALL BE GROUND AND CAPPED AS FOLLOWS:
2.1. 2" MIN. DEPTH OF GRIND IS REQUIRED. ROADWAYS IN POOR CONDITION ARE SUBJECT TO LARGER DEPTH REQUIREMENTS PER CITY ENGINEER (6" MAX.)
2.2. EXISTING AC AND SLURRY BACKFILL SHALL BE GROUND DOWN, FROM LIP OF GUTTER (OR EDGE OF ASPHALT) TO 8 INCHES BEYOND OUTERMOST EDGE OF MICRO-TRENCH AND RESURFACED WITH CLASS C2 ASPHALT AND BINDER GRADE PER GREENBOOK. WHEN THE CAP LIMIT IS WITHIN 2-FEET OR LESS FROM THE GUTTER FACE, CURB, SLAB, OR STRUCTURE, THE CAP LIMIT SHALL EXTEND TO THAT ITEM.
2.3. TACKCOAT ALL EDGES WITH EITHER SS-1H EMULSIFIED ASPHALT OR PG 64-10 PAVING ASPHALT IMMEDIATELY BEFORE THE ADJOINING ASPHALT CONCRETE IS PLACED.
2.4. WHERE ANGULAR CROSSING OR ANY LENGTH-WISE CUTS OF A BIKE LANE OCCUR BY MICRO-TRENCHING, THE CAPPING LIMITS SHALL EXTEND THE FULL WIDTH OF THE BIKE LANE. PERPENDICULAR CROSSINGS MAY RECEIVE TYPICAL CAPPING WIDTH PER NOTE 2-2.1) ABOVE. PAVEMENT MARKINGS SHALL BE RESTORED IN KIND. WHERE NO BIKE LANE MARKINGS
EXIST , THE CONTRACTOR SHALL CONSULT WITH THE CITY'S ENGINEERING DIVISION TO DETERMINE THE LOCATION OF ANY PLANNED BIKE LANES SO THAT THE IMPACT OF THE PAVEMENT SURFACE MAY BE AVOIDED.
2.5. PAVEMENT SHALL BE LEVEL WITH ADJACENT ROADWAY ELEVATIONS AND SHALL PROVIDE A SMOOTH SURFACE PER GREENBOOK SECTION 302-5 AND SUBJECT TO ACCEPTANCE BY THE CITY'S ENGINEERING INSPECTOR.
3. MICRO-TRENCHING MAY BE PERMITTED UPON THE CITY ENGINEER'S DISCRETION ON SPECIAL PAVEMENTS SUCH AS DECORATIVE ASPHALT PAVING, AND THROUGH EXISTING IMPROVEMENTS SUCH AS SPEED HUMPS. SPECIAL PAVEMENTS AND EXISTING IMPROVEMENTS SHALL BE RESTORED IN KIND AS APPROVED BY THE CITY ENGINEER.
VAULTS AND SERVICE CONNECTION:
1. CONNECTION TO SERVICE LATERALS, JUNCTION BOXES, ETC., SHALL BE DONE SUCH THAT CURB AND GUTTER ARE NOT DISTURBED, SETTLED, OR DAMAGED. REMOVAL LIMITS OF SIDEWALK SHALL FOLLOW APPLICABLE STANDARDS AND REQUIREMENTS AS APPROVED BY THE CITY ENGINEER.
CITY OF PASO ROBLES
ENGINEERING DIVISION
DRAWN BY: DESIGNED BY:
REVISIONS
DATE BY
DWG-NO.
MICROTRENCHING
DETAIL (3 OF 3) U-8.2
DP LF
Paso Robles, CA 93446
Subject: Response to Micro-Trenching Ordinance
Dear City Council of Paso Robles,
I hope this message finds you well. I am writing on behalf of AT&T to address a specific concern regarding the micro-trenching ordinance, particularly the provision that states: “UP TO TWO (2)
VERTICALLY STACKED CONDUITS CAN BE PLACED WITHIN A
MICRO-TRENCH.”
While we appreciate the City of Paso Robles’ proactive efforts to establish guidelines for micro-trenching, we foresee a potential issue with the limitation on the number of conduits permitted. For a particular neighborhood, AT&T has the capability—and may request—to place up to eight (8) 1.25” conduits while still maintaining compliance with the 12” slurry cover requirement. This capability ensures that we can maximize efficiency and futureproof broadband infrastructure for the city, but the current limitation may hinder these efforts.
AT&T would like to partner with the City of Paso Robles to collaborate on this ordinance in order to create a best practice that supports the continued expansion of broadband infrastructure. We believe this partnership can result in an ordinance that meets the city's needs while enabling AT&T to deliver innovative and highquality broadband services to the community.
Thank you for your time and consideration. We look forward to continuing our collaboration with the City of Paso Robles to support broadband expansion and enhance connectivity for its residents.
Saxon, Bettye
Q3 - Public Comment
Sincerely, Charlton Birden Associate Director – OSP Plng & Eng Design AT&T (
Bettye J. Saxon, Ed. D.
AT&T External Affairs
Monterey, CA 93940
Saxon, Bettye
Q3 - Public Comment