CITY OF EL PASO DE ROBLES
"The Pass of the Oaks"
City Council Regular Meeting Agenda

Tuesday, February 20, 2024 at 5:30 P.m. - 6:30 P.m.

Tuesday, February 20, 2024 at 6:30 P.m. - 11:30 P.m.

Library/Conference Center Council Chamber

1000 Spring Street

Paso Robles, CA 93446

Residents can livestream the meeting at www.prcity.com/youtube, and call [phone] 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  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 live-streamed 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 [phone].  Whenever possible, requests should be made four (4) working days in advance of the meeting.

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A.

5:30 PM CALL TO ORDER

B.

ROLL CALL

Councilmember Bausch, Councilmember Gregory, Councilmember Roden, Councilmember Strong, Mayor Hamon

C.

CLOSED SESSION ITEMS

1.

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

(Government Code Section 54956.9(d)(1))
Name of Case: Steinbeck Vineyards #1, LLC, et al., v. County Of San Luis Obispo, et al., Santa Clara County Superior Court 
Case No. 1-14-CV-265039.

2.

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

(Gov. Code, § 54956.9(d)(2))
Significant Exposure to Litigation: One case 
The city has received a cease and desist letter regarding modifications to the Paid Parking Program alleging violations of the Brown Act and other State laws. 

D.

PUBLIC COMMENT REGARDING CLOSED SESSION MATTERS

E.

ADJOURN TO CLOSED SESSION

F.

6:30 PM RECONVENE TO OPEN SESSION

G.

PLEDGE OF ALLEGIANCE

H.

INVOCATION

Pastor Laurene McCoy, Agape Church

I.

ROLL CALL

Councilmember Bausch, Councilmember Gregory, Councilmember Roden, Councilmember Strong, Mayor Hamon

J.

STAFF INTRODUCTIONS

K.

REPORT FROM CLOSED SESSION

L.

PRESENTATIONS

1.

Teen Dating and Violence Month Proclamation 2024

John R. Hamon, Jr., Mayor 

M.

GENERAL PUBLIC COMMENTS

This is the time the public may address the Council on items within the Council’s purview but not scheduled on the agenda. All persons desiring to speak on an agenda item are asked to fill out Speaker Information Cards and give them to the City Clerk prior speaking. Each individual speaker will be limited to a presentation total of three (3) minutes per item. Those persons wishing to speak on any item scheduled on the agenda will be given an opportunity to do so at the time that item is being considered. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code sec. 54954.2).

N.

AGENDA ITEMS TO BE DEFERRED

O.

OVERVIEW OF ITEMS ON CONSENT CALENDAR

P.

CONSENT CALENDAR

ITEMS ON THE CONSENT CALENDAR ARE CONSIDERED ROUTINE, NOT REQUIRING SEPARATE DISCUSSION. However, if discussion is wanted by a member of the Council or public the item may be removed from the Consent Calendar and considered separately. Councilmembers and members of the public may offer comments or ask questions of clarification without removing an item from the Calendar. Individual items are approved by the vote that approves the Consent Calendar unless an item is pulled for separate consideration.  Items pulled from consent will be heard at the end of the meeting.

1.

Approval of February 6, 2024 City Council Meeting Minutes

Melissa Boyer, City Clerk

2.

Approval of February 8, 2024 City Council Special Meeting Minutes

Melissa Boyer, City Clerk

3.

Receipt of Advisory Body Minutes

Melissa Boyer, City Clerk 

Library Board - 01/11/2024

4.

Approval of Lease Agreement with EarthTones Gifts, Gallery & Center for Healing for Commercial Space located at the Train Station at 790 Pine Street

Paul Sloan, Economic Development Manager
CEQA Determination:  The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.
Recommendation:  Approve Resolution 24-XXX, accepting the EarthTones Gifts, Gallery and Center for Healing proposal for the commercial property 790 Pine Street attached hereto as Exhibit A, authorizing the City Manager to execute leasing agreements, subject to any minor, technical, or non-substantive changes approved by the City Attorney and consistent with Council’s intent. 

5.

Receipt of Warrant Register

Ryan Cornell, Administrative Services Director

6.

Receipt of Development Impact Fee Five-Year Report

Ryan Cornell, Administrative Services Director
CEQA Determination:  The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.
Recommendation:  Receive and file the Five-Year Development Impact Fee Compliance Report.  

7.

Approval of a Change Order to Stantec Agreement for Design Services in an Amount of $110,200 for Additional Design Services for Vine Street Frontage Improvements

Ditas Esperanza, Capital Projects Engineer  
CEQA Determination:  The City finds that this action is consistent with the June 18, 2014, mitigated negative declaration certified by the City Council, per Resolution No. 14-076
Recommendation:  Approve Resolution 24-XXX, authorizing the City Manager to approve amendment change order to the Stantec Agreement for design services related to the Vine Street realignment to include design services for the Vine Street frontage improvements located at 121 Wilmar Place in the amount of $110,200.

8.

Approval of a Change Order to Stantec Agreement for Design Services for the South Vine Bridge and Vine Street Road Realignment Project

9.

Authorization for the City Manager to enter into up to Five On-Call Water System Repair Contracts of $60,000 or less, following an informal bidding process, for an Amount Not-Too-Exceed $300,000 Total

Christopher Alakel, Utilities Director
CEQA Determination: The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378. If this action is a project under CEQA the action is exempt pursuant to §15302, Replacement or Reconstruction.
Recommendation:  Approve Resolution 24-XXX, authorizing the City Manager to enter into up to five total, individual contracts for on-call services for water system repair work with a total not to exceed amount of $300,000, with each on-call contract not exceeding $60,000, and find the action exempt from CEQA.

10.

The Landing/Paso Robles Boys School Reuse Project: Consultant Agreement Amendments for the Environmental Impact Report and Traffic Impact Study

Warren Frace, Community Development Director 
CEQA Determination: The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15061, subd. (b)(2)-(3), 15378.
Recommendation:  Approve attached Resolution 24-XXX, authorizing the City Manager to approve the following contract amendments and amounts:
a. SWCA Environmental Consultants EIR contract amendment 3 increase of $116,092 (not to exceed $666,433).
b. Central Coast Transportation Consultants Traffic Impact Study contract amendment 4 of $24,000 (not to exceed $264,765). 
c. Oasis Associates contract amendment 3, increase of $45,000 (not to exceed $165,000).

 

Q.

PUBLIC HEARINGS

1.

Approval of Development Plan (PD22-20), Oak Tree Removal (OTR23-11), Vesting Tentative Parcel Map PR 22-0054, and Conditional Use Permit 23-14 at 2930 Union Road/APN: 025-362-043

Darren Nash, City Planner
CEQA Determination: Approve the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan for Project.
Recommendation:  Approve the following:
a. Resolution 24-XXX(A), adopting the proposed Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan; and
b. Resolution 24-XXX(B), approving Planned Development 22-20, CUP 23-14, and Oak Tree Removal Permit 23-11; and
c. Resolution 24-XXX(C), approving the Vesting Tentative Tract Map PR 22-0054.

2.

Introduction and First Reading of an Ordinance Amending Paso Robles Municipal Code Chapter 12.42, Parking Management, to clarify the process for setting parking rates, reestablishing the Downtown Parking Zone and other clean up measures.

Report back by City Manager on implementation of new parking rates and provide direction to staff regarding a refund process for parking fees paid in the Downtown Parking Zone from February 6, 2023, to February 6, 2024 pursuant to the period authorized under the Government Claims Act.

Elizabeth Wagner Hull, City Attorney
Ty Lewis, City Manager
CEQA Determination: The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section, §§ 15060, subd. (c)(2)-(3), 15378.
Recommendation:  It is recommended that City Council take the following actions:
1. Introduce for first reading by title only, an ordinance of the City Council of the City of El Paso de Robles amending Chapter 12.42 of Title 12 of the Paso Robles Municipal Code to clarify the process for setting parking rates, reestablishing the Downtown Parking Zone and other clean up measures.
2. Receive the report from the City Manager on the implementation and signage for the new downtown parking program (once effective).
3. Direct staff to implement the proposed process as outlined in this report to provide refunds of parking fees collected and citations from February 6, 2023 to February 6, 2024.

R.

DISCUSSION ITEMS

1.

Report to Council regarding a Cease and Desist Letter Sent by Mr. Gary Lehrer; Request to Authorize Mayor to Execute and Send Response Letter to Mr. Lehrer

Elizabeth Wagner Hull, City Attorney
Ty Lewis, City Manager
CEQA Determination: The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.
Recommendation:  Acknowledge receipt of the procedurally deficient Cease and Desist Letter, and, to reflect the City’s commitment to transparency, authorize the Mayor to execute and send a response letter (in substantially the same form attached hereto as Exhibit B) making an unconditional commitment to “continue to describe agenda items in a manner that is compliant with the Brown Act, and provide sufficient notice to the public of the items of business that are to be discussed or transacted, in order to avoid unnecessary litigation, but without admitting any violation of the Ralph M. Brown Act in connection with the challenged action.”

S.

CITY MANAGER REPORT

T.

COUNCIL BUSINESS AND COMMITTEE REPORTS

U.

UPCOMING EVENTS

Supplemental Sales Tax Oversight Committee Meeting February 21, 2024, 5:30 PM 
Paso Robles Airport Commission Meeting February 22, 2024, 6:30 PM
Paso Robles Development Review Committee February 26, 2024, 3:30 PM
Paso Robles Planning Commission Meeting February 27, 2024, 6:30 PM
Paso Robles City Council Special Meeting - Budget Workshop, Saturday, March 2, 2024, 10:00 AM
Paso Robles Development Review Committee March 4, 2024, 3:30 PM
Paso Robles City Council Meeting March 5, 2024, 6:30 PM

V.

ADJOURNMENT