Agenda packet — Paso Robles City Council, February 20, 2024 (part 3 of 3)

City Council Agenda February 20, 2024
Attachment 1
cause a summary of the Ordinance to be published, including the vote for and against the same, in accordance with Government Code Section 36933.

INTRODUCED at a regular meeting of the City Council held on February 20, 2024, for first reading by the City Council of the City of El Paso de Robles, and adopted on the ___ day of ______, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John R. Hamon, Jr., Mayor
ATTEST:

Melissa Boyer, City Clerk

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City Council Agenda February 20, 2024
Attachment 2

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City Council Agenda February 20, 2024
Attachment 2

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City Council Agenda February 20, 2024
Attachment 2

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City Council Agenda February 20, 2024
Attachment 2

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City Council Agenda February 20, 2024
PAGE 1 OF 3

1. 2.

3. 4.

5. Email:             [email protected]
Mail:               City of Paso Robles
Attn: Downtown Parking Refunds
900 Park Street
Paso Robles, CA 93446
In Person:     City of Paso Robles Police Department
900 Park Street
Paso Robles, CA 93446

CITY OF PASO ROBLES
Downtown Parking
Paid Parking and Parking Citation
Refund Request

PLEASE READ THE ENTIRE REFUND REQUEST FORM BEFORE SIGNING AND RETURNING

INSTRUCTIONS
Refunds are only being issued for fees paid to park in the downtown and parking citations issued and paid for failure to pay to park in the downtown between the period of February 6, 2023, and February 6, 2024.

Refund request forms must be completed and submitted within 120 days from XX/XX/XXXX. (Official date to be determined once refund request information is made available on the City website.) Proof of payment of parking sessions and downtown parking citations must be submitted with refund request form. Acceptable forms of proof of payment include: parking meter receipt, parking app receipt/screenshot, text to pay screenshot, citation payment receipt, credit card or bank statement, cancelled check.

A physical signature is required on refund request form. Digital or typed signatures will not be accepted.

Completed refund request forms and proof of payment can be submitted via the following:

Attachment 3

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City Council Agenda February 20, 2024
PAGE 2 OF 3
Time of Session License Plate # Paid Amount
Proof of Payment
Attached?
Time of Citation License Plate #
Paid Amount
(include late fees/ DMV
fees/processing fees)
Date Citation Paid
Proof of
Payment
Attached?

MAILING
ADDRESS:

NAME:

CITY OF PASO ROBLES
Downtown Parking
Paid Parking and Parking Citation
Refund Request
Date of
Citation

TOTAL FROM ADDITIONAL PAGES

TOTAL PAID PARKING SESSION REFUND REQUESTED

TOTAL FROM ADDITIONAL PAGES

TOTAL PARKING CITATION REFUND REQUESTED
PAID PARKING SESSIONS ‐ REFUND REQUEST
Please list each paid parking session individually, include additional pages if necessary.

PROOF OF PAYMENT MUST BE ATTACHED TO THIS FORM ‐ SEE INSTRUCTIONS FOR FURTHER DETAILS DOWNTOWN PARKING CITATION ‐ REFUND REQUEST
Please list each parking citation individually, include additional pages if necessary.

PROOF OF PAYMENT MUST BE ATTACHED TO THIS FORM ‐ SEE INSTRUCTIONS FOR FURTHER DETAILS Date of Session
PHONE NO.:

Attachment 3

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City Council Agenda February 20, 2024
PAGE 3 OF 3
By signing this form you are claiming that the information above is true and correct.

Total Paid Parking
Refunds Authorized:
2382110‐47116
Total Citation
Refunds Authorized:
2382110‐44030
Payment Authorized
by:

Authorized Date:

DATE:

NAME:

SIGNATURE:

PRINT NAME:

CITY OF PASO ROBLES DOWNTOWN PARKING
REFUND REQUEST ‐ CONTINUED
RELEASE AND WAIVER ‐ REFUND REQUEST

A PHYSICAL SIGNATURE IS REQUIRED TO BE ELIGIBLE FOR REFUND Release and Waiver of Further Refund Claims. In exchange for a refund of parking fees and/or citation charges as set forth in this document, the person signing below (“Claimant”), on behalf of Claimant, and their heirs, assigns and representatives, hereby fully, finally and forever discharges the City of El Paso de Robles (“City”), and its officers, officials, employees and agents from any and all claims, demands, liabilities or causes of action, in law or in equity, of any nature whatsoever, known or unknown, which the Claimant now or may have against the City arising out of the parking fees charged by the City and citations issued related to failure to pay parking fees prior to February 7, 2024 (“Disputed Fee/Charges”). Claimant further covenants not to sue, or participate in any lawsuit regarding the Disputed Fees/Charges.

Any refund provided by the City shall not constitute any admission by the City of wrongdoing or liability in connection the Disputed Fees/Charges.

Date Received:

Sessions
Validated by:

Citations
Validated by:

OFFICE USE ONLY
Attachment 3

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City Council Agenda February 20, 2024

ADDL PAGE
Time of Session License Plate # Paid Amount
Proof of Payment
Attached?
Time of Citation License Plate #
Paid Amount
(include late fees/ DMV
fees/processing fees)
Date Citation Paid
Proof of
Payment
Attached?
Date of
Citation
Please list each paid parking session individually, include additional pages if necessary.

PROOF OF PAYMENT MUST BE ATTACHED TO THIS FORM ‐ SEE INSTRUCTIONS FOR FURTHER DETAILS ADDITIONAL DOWNTOWN PARKING CITATION ‐ REFUND REQUEST
Please list each parking citation individually, include additional pages if necessary.

TOTAL PAID PARKING SESSION REFUND REQUESTED

TOTAL PARKING CITATION REFUND REQUESTED
PROOF OF PAYMENT MUST BE ATTACHED TO THIS FORM ‐ SEE INSTRUCTIONS FOR FURTHER DETAILS DOWNTOWN PARKING ‐ REFUND REQUEST

CONTINUED
ADDITIONAL PAID PARKING SESSIONS ‐ REFUND REQUEST
NAME:

Date of Session
Attachment 3

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City Council Agenda February 20, 2024
1000 Spring Street ▪ Paso Robles ▪ California 93446
(805) 237-3888 FAX (805) 237-4032

CITY OF
No Enforcement Days – Downtown Paid Parking Zone
The City of Paso Robles will not enforce paid on-street parking within the downtown paid parking zone on the following days:
• Pioneer Day
• Thanksgiving Day
• Christmas Day
• New Years Day
• Independence Day
• Halloween
In addition to the specific days listed above, the City may suspend enforcement for special events or community events based on specific circumstances at the discretion of the Police Chief and City Manager.

CITY OF EL PASO DE ROBLES
“The Pass of the Oaks”
Attachment 4

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City Council Agenda February 20, 2024
Council Agenda Report
From: Elizabeth Wagner Hull, City Attorney
Ty Lewis, City Manager
Subject: 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 CEQA Determination: The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.

Date: February 20, 2024
Facts

1. At the January 16, 2024 City Council meeting, a member of the public submitted, via hard copy handed to the City Clerk, a “Cease and Desist Letter to the City of Paso Robles Regarding Vote on Parking Fees on November 21, 2023.” Additional details regarding the history of the City’s actions on the parking program are set forth in the staff report accompanying the item for introduction of an ordinance amending PRMC Chapter 12.42, which is also agendized for discussion at this February 20, 2024 meeting.

2. The Cease and Desist Letter alleges that the City’s action on November 21, 2023 to modify parking rates in the downtown district violated the Brown Act because, in Mr. Lehrer’s opinion, the agenda item did not meet the Brown Act’s mandate that there be a “brief general description of each item to be transacted or discussed” at the meeting.

3. The manner in which the Cease and Desist Letter was submitted was procedurally deficient under the governing statute, which requires such a letter to be submitted “by postal mail or facsimile transmission to the clerk or secretary of the legislative body being accused of the violation” (not handed to the Clerk in person).

4. Despite this procedural deficiency and in furtherance of the City’s commitment to transparency, the City may take action in open session to unconditionally commit to ceasing and desisting from the challenged action, and to not repeat that action in the future without admitting a violation of the Brown Act. Such an action by the Council prevents the complainant from being able to file a court action against the City under the Brown Act.

Options

1. Take no action;

2. 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.”

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City Council Agenda February 20, 2024

3. Provide alternative direction to staff.

Analysis and Conclusions
The Brown Act provides a mechanism, under Government Code section 54960.2, for a member of the public to file an action to determine an agency’s past compliance with the Brown Act by first submitting – within nine months of an alleged Brown Act violation – a clear description of the alleged violation.

Submission of such a letter is known as a “Cease and Desist” request, and no legal action may be filed by any person to challenge an action taken by the City Council on Brown Act grounds unless and until this letter has been properly submitted, and the agency has not timely responded with an unconditional commitment to cease and desist from the challenged conduct. Importantly, the statute expressly requires that the Cease and Desist request be submitted “by postal mail or facsimile transmission to the clerk or secretary of the legislative body being accused of the violation.” (Gov. Code § 54960.2.) If a procedurally compliant Cease and Desist request is filed, the City may take action in open session to unconditionally commit to ceasing and desisting from the challenged action, and to not repeat that action in the future.

Doing so within 30 days of receiving the letter prevents the complainant from being able to file any court action against the City for the alleged violation, and precludes recovery of any court costs or attorney’s fees associated with such a legal action.

Although the Cease and Desist Letter handed in-person to the City Clerk at the meeting on January 16, 2024 is procedurally deficient, and did not trigger the 30 day response window, the City nonetheless wishes to take proactive steps in response to the letter for two reasons. First, Mr. Lehrer’s window for filing a Cease and Desist request is nine months from the alleged violation, so he could re-submit a request that is compliant in the coming months, and the City would then have to re-analyze this issue and determine what steps to take in response. Second, although the letter was procedurally deficient and the City does not agree with Mr. Lehrer’s allegation that its action on November 21, 2023 violated the Brown Act, the City can view this as an opportunity to emphasize and restate its ongoing commitment to transparency, and to ensuring agenda items are described in the manner required by the Brown Act so as to give the public a fair chance to participate in matters of City business. This restated commitment to transparency and accurate agenda descriptions does not require the City to acknowledge or admit that there has been any violation of the Brown Act, and cannot be construed or admitted as evidence for any alleged violation at a later time.

Fiscal Impact
There is no direct fiscal impact anticipated as a result of this item, although providing a proactive response to Mr. Lehrer’s procedurally deficient Cease and Desist Letter will reduce the City’s potential financial liability for any associated legal action, as an unconditional commitment in response to a Cease and Desist request prevents the filing of a subsequent lawsuit and the collection of related court costs and attorney’s fees by the litigant.

CEQA
The City finds that this action is not a project under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.

Recommendation (Option 2)
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

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City Council Agenda February 20, 2024
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.”
Attachments

1. Copy of Cease and Desist Letter Submitted by Mr. Lehrer on Nov. 21, 2023

2. Draft Response Letter to Mr. Lehrer’s Cease and Desist Request

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