Addendum (PDF) — Paso Robles City Council, March 5, 2024

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

Tuesday, March 5, 2024, 6:30 PM
Library/Conference Center Council Chamber
1000 Spring Street
Paso Robles, CA 93446

CORRECTED
The meeting agenda was revised to correct a truncated title on item L5.

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AMERICANS WITH DISABILITIES ACT Any individual, who because of a disability needs special assistance to attend or participate in this meeting, may request assistance by contacting the City Clerk’s Office (805) 237- 3960. Whenever possible, requests should be made four (4) working days in advance of the meeting.

Pages
L. DISCUSSION ITEMS
*5. 1) Second Reading and Adoption of the Updated and Revised Ordinance 1135 Amending Paso Robles Municipal Code Chapter 12.42, Parking Management, to clarify the process for setting parking rates, reestablishing the Downtown Parking 3 - 46
Zone and other clean up measures; and 2) Adopting a Resolution Reauthorizing Preferential Parking for Resident Seniors and Offering Credits or Reimbursements to Eligible Seniors.

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) Hold the second reading and adopt the updated and revised Ordinance 1135, 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 City Council Agenda March 5, 2024
parking rates, reestablishing the Downtown Parking Zone and other clean up measures; and
2) Adopt Resolution 24-XXX formally adopting and reauthorizing City’s Senior Residential Preferential Permit program and offering credits or reimbursements to eligible seniors.

City Council Agenda March 5, 2024

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Council Agenda Report
From: Elizabeth Wagner Hull, City Attorney
Ty Lewis, City Manager
Subject: 1) Second Reading and Adoption of the Updated and Revised Ordinance 1135 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; and 2) Adopting a Resolution Reauthorizing Preferential Parking for Resident Seniors and Offering Credits or Reimbursements to Eligible Seniors.

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.

Date: March 5, 2024
Facts

1. On October 16, 2018, the City Council heard the first reading of an ordinance revising Paso Robles Municipal Code Chapter 12.42, among other sections, to address charging for parking pursuant to Vehicle Code (“VC”) Section 22508.

2. Following the first reading of the ordinance City staff, community members and an Ad Hoc Committee met to consider comments made by the community at the first reading and recommended minor revisions to the ordinance.

3. On November 6, 2018, the City Council approved the second reading and adopted the ordinance (the “2018 Parking Management Ordinance”) incorporating the minor modifications recommended by the Ad Hoc committee and the community following the first reading.

4. Between November 2018 and May 2019, City staff continued to meet internally and with the community regarding the implementation of the new parking program.

5. On May 7, 2019, the City Council heard a Downtown Parking update and, by motion recorded as a minute action, approved two hours of free parking in the area from 10th St to 14th St and Spring St to Pine St (“Downtown Parking Zone”), between 9 a.m. – 6 p.m., Monday-Friday, with paid parking to be initiated when and where appropriate after two hours (“Paid Parking Program”).

6. On May 21, 2019, the City Council approved agreements with vendors to implement the Paid Parking Program.

7. In August 2019, the City began charging for parking pursuant to the Paid Parking Program.

8. Between August 2019 and May 2022, the Downtown Parking Advisory Commission and community continued to review aspects of the Paid Parking Program. In May 2022, the City Council disbanded the Downtown Parking Advisory Commission.

9. On March 16, 2021, the City Council adopted Resolution 21-035, which extended the Paid Parking Program to operate Monday-Sunday, from 9 a.m. – 8 p.m. each day.

10. Between December 2022 and November 2023, the City Council heard numerous items related to the Paid Parking Program designed to assess the implementation and fiscal impacts of the Paid Parking Program.

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11. On November 21, 2023, the City Council approved, by motion and recorded as a minute action, charging $1 per hour starting at minute 1 within the Downtown Parking Zone, allowing unlimited senior permits for City residents, and the design and ordering of new signage. The Council also requested the City Manager to return with any additional actions requiring Council action to implement the revisions to the Paid Parking Program and to provide an update to the Council.

12. Following that action a number of community members asserted the City did not have the ability to charge for parking in the downtown area because the City did not have an ordinance addressing the imposition of parking rates.

13. In response to the community concerns the City Attorney’s office conducted a review of the City’s existing Parking Management Ordinance, PRMC 12.42, and all actions taken since its adoption to confirm that the parking program was implemented consistent with the requirements of the Vehicle Code and the City’s own ordinance.

14. Following an initial review of the implementation of Municipal Code Chapter 12.42 the City paused charging for parking and issuing citations associated with parking in the Downtown Parking Zone effective February 7, 2024.

15. On February 20, 2024, the City Council introduced by title only, and waived further reading of Ordinance 1135, 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.

16. As part of the February 20, 2024, City Council discussion and action, the Council made minor modifications to the draft ordinance including:
 Directing the rate for the Downtown Parking Zone be $1 per hour and requiring modification of the rate to require Council approval.
 Deleting two sentences from 12.42.060 as described below.  Modifying 12.42.070(B) to set the maximum time frame for free parking spaces at 30 minutes.

17. Staff is also recommending one additional change to Section 12.42.070 setting the maximum length of a parking session at eleven hours in lieu of the ten hours currently reflected in the ordinance.

18. City staff is also bringing forward a resolution to adopt and reauthorize the City’s Senior Resident Preferential Parking Permit program and offering credits or reimbursements to eligible seniors. In the interest of transparency, and instituting a more formal adoption process, the City is recommending approval of the resolution, which would take effect immediately provided Ordinance 1135 is adopted.

Options

1. Take no action;

2. 1) Hold second reading of and adopt the updated and revised Ordinance 1135, 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, and 2) Adopt Resolution 24-XXX formally adopting and reauthorizing City’s Senior Residential Preferential Permit program and offering credits or reimbursements to eligible seniors; or

3. Provide alternative direction to staff.

Analysis and Conclusions
Modification of Ordinance presented at February 20, 2024 Council meeting The draft ordinance presented at the February 20, 2024 meeting included a range of parking rates from $1-$5 per hour. The draft ordinance provided to the Council at that meeting also included language that authorized the City Manager to modify the charged rate, within that range, and time limits to facilitate

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achieving the desired 85% utilization rate. During the discussion of the item on February 20, 2024, the Council reiterated that the hourly rate for the Downtown Parking Zone should be $1 per hour and modified the process to amend the rate by authorizing the City Manager to change parking rates subject to approval by the City Council.

To facilitate that change the ordinance has been modified to provide that the parking rate in the Downtown Zone shall be $1 per hour. If the City Manager would like to modify that rate the item would return to the Council for amendment of the ordinance. The City Manager retains authority to modify the time limits to facilitate achieving the 85% utilization rate as described in the amended PRMC 12.42.070(A).

Additionally, during the discussion on February 20, 2024, the Council directed:
 The deletion of two sentences from 12.42.060. Those sentences which are deleted from the draft presented on February 20, 2024 are: The specific parking zone for which local parking regulations apply will be indicated on posted signage. A vehicle may not return to the initial parking zone or parking lot sooner than two hours following the expiration of the initial time period.  The modification of the time frame for certain free parking spaces from a maximum of 15 minutes free to a maximum of 30 minutes free. This is reflected in 12.42.070(B).

Staff is also recommending one additional change to the ordinance at this time. 12.42.070(B) provides that the maximum length of time for a parking session is ten hours. The signage presented to Council on February 20, 2024, indicates paid parking is required from 9 am to 8 pm, an eleven hour period. We recommend the Council amend Section 12.42.070(B) to set the maximum length for a parking session to be eleven hours. The actual maximum length will be set by the City Manager as provided in the ordinance.

The revisions to the ordinance currently adopted by the Council are:

12.42.020 Parking zones.

A. Parking zones shall be established by the city council by ordinance or resolution, which may include the establishment of time limits and/or parking rates for such zones.

B. The City Council does hereby establish the Downtown Parking Zone which shall include the area extending from 10th Street to 14th Street, from Spring Street to Pine Street and the 900 block of both 12th and 13th Streets (from Pine Street to Railroad Street).

12.42.060 Overparking—Exceptions.

It shall be unlawful for any person, except outside of the designated parking zone hours and days of operation, to cause, allow, permit, or suffer any vehicle registered in his/her name or operated or controlled by him/her to be parked in any parking space upon any street within a parking zone or within a parking lot as indicated by proper signs placed in such zone or lot indicating the maximum parking time allowed in such parking space. A vehicle will be deemed to have been parked longer than the posted time limit, if it has not been moved at least “out of the parking zone” or parking lot after the expiration of the maximum time limitation indicated on the posted signage. A The specific parking zone for which local parking regulations apply is defined as the parking zone will be indicated on posted signage. A vehicle may not return to the initial parking zone or parking lot sooner than two hours following the expiration of the initial time period. Within parameters set by the city council, the City Manager or their designee may set and adjust the parking zones, posted time limits, and/or period of operation of paid parking between the hours of seven o’clock a.m. and ten o’clock p.m. on any day, with the intent of achieving the target utilization rate of eighty-five percent.

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12.42.070 Parking zone regulations – Authority.

B. All parking zone time limits and/or paid parking rates heretofore established shall be and remain in effect unless otherwise set or adjusted by the city council. The city council establishes that a paid parking session commences immediately upon parking, as provided in 12.42.080, unless otherwise determined by the City Manager, or their designee. The length of time allowed for a timed parking session for each parking area shall be established by the City Manager, or their designee, and range of time limits limits from a minimum of fifteen minutes to a maximum of eleven hours. The City Manager, or their designee, shall set the time limit of each parking zone, consistent with achieving the eighty-five percent target utilization rate, based upon parking occupancy data and community input. The City Manager, or their designee, may designate certain parking spots as a maximum of 15 30 minutes and, if determined by the City Manager, or their designee, to be consistent with achieving the 85% parking utilization rate or in the best interest of the community, provide that those designated parking spots do not require payment.

C. Under the authority of California Vehicle Code section 22508, the City Council establishes a range of hourly parking rates from $1.00 to $5.00. The parking rate for the Downtown Parking Zone shall be $1 per hour.

D. Under the authority of California Vehicle Code section 22507, the city council may establish preferential parking privileges associated with any Parking Zone or other area by ordinance or resolution with provisions reasonable and necessary to ensure the effectiveness of a preferential parking program.

The Agenda Report from the February 20, 2024, Council meeting is attached to this report for your reference.

Senior Parking Permits
As discussed at the February 20th, 2024, City Council meeting, following the City Attorney’s review of the Downtown Paid Parking Program, the City paused charging for parking on February 7, 2024, until such time as the new ordinance could be considered and approved by the City Council. If the Council adopts Ordinance 1135 this evening, the City will be in a position to resume charging for parking when the Ordinance becomes effective. As with the previous parking program, and as directed by the Council on November 21, 2023, the City’s intention is to continue to offer the Senior Parking Permit program and to increase the number of Senior Parking Permits available for issuance. The revised program would allow City residents 65 or older to register one vehicle per household for a Senior Parking Permit.

As described above, within the revised Ordinance 1135, Section 12.42.070.D. allows the City Council to establish preferential parking privileges in the Downtown Parking Zone, by ordinance or resolution, which is consistent with Vehicle Code section 22507.

As part of the February 20, 2024, Council action regarding paid parking fee refunds, the City Council authorized the City to issue refunds to those people who are able to demonstrate they paid for parking in the Downtown Parking Zone between February 6, 2023 and February 6, 2024. The purchase of a Senior Resident Preferential Parking Permit in lieu of paying for individual parking sessions in the Downtown Parking Zone is included in the authorization for refunds provided on February 20, 2024. Senior residents with a permit were paying for downtown parking, through a different process.

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Those Senior Residents who paid for and received a Senior Resident Preferential Parking Permit for the Downtown Parking Zone between February 6, 2023 and February 6, 2024, will be issued a refund.

Alternatively, if a current Senior Permit holder is eligible for and applies for a Senior Resident Preferential Parking Permit for the time period between April 5, 2024 and April 4, 2025, in lieu of receiving a refund, they may request the 2023 fee previously paid be used as a credit toward the application fee for a new Senior Resident Preferential Parking Permit. For those Senior Residents who paid for and received a Senior Resident Preferential Parking Permit for the Downtown Parking Zone between February 6, 2023 and February 6, 2024, who do not elect before April 30, 2024 to accept a credit toward the application fee for this coming year, they will automatically be issued a refund check and accompanying letter after April 30, 2024.

The resolution included for Council’s consideration formally adopts and reauthorizes City’s Senior Resident Preferential Parking Permit program. Additionally, that resolution would allow senior residents who purchased a senior permit between February 6, 2023 and February 6, 2024 to either be refunded the amount for that previous year’s permit or receive a credit on a senior permit for this coming year.

The Senior Parking Permit application went live on March 1, 2024. In anticipation of this action by the Council, the application for this year’s Senior Parking Permit includes an option for eligible residents to select a refund for the previous year’s permit fee or apply the refund as a credit to this year’s application fee, if approved by the Council. The application also includes release and waiver language similar to the language on the Parking Fee and Citation Form considered at the last Council meeting.

Fiscal Impact
The total cost to manage and operate the downtown parking program is approximately $500,000 per year.

Because of the significant start-up costs associated with the technology and kiosks of the parking program, City Council approved a General Fund loan to the Parking Program until program revenues were sufficient to operate independently. As of February 15, 2024, the loan balance is approximately $511,500. If City Council were to not reestablish the downtown parking program, the program would be dissolved, and the General Fund loan would be written off.

CEQA
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. 1) Hold the second reading and adopt the updated and revised Ordinance 1135, 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; and 2) Adopt Resolution 24-XXX formally adopting and reauthorizing City’s Senior Residential Preferential Permit program and offering credits or reimbursements to eligible seniors.

Attachments

1. City Council Agenda Report from February 20, 2024

2. Updated and Revised Ordinance 1135 - Amending Chapter 12.42 of the El Paso de Robles Municipal Code

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3. Resolution 24-XXX - Resolution Reauthorizing a Preferential Parking Program for Resident Seniors Within the Downtown Parking Zone and Offering Credits or Reimbursements to Eligible Seniors

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Council Agenda Report
From: Elizabeth Wagner Hull, City Attorney
Ty Lewis, City Manager
Subject: 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.

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.

Date: February 20, 2024
Facts

4. Between November 2018 and May 2019, City staff continued to meet internally and with the community regarding the implementation of the new parking program.

6. On May 21, 2019, the City Council approved agreements with vendors to implement the Paid Parking Program.

7. In August 2019, the City began charging for parking pursuant to the Paid Parking Program.

9. On March 16, 2021, the City Council adopted Resolution 21-035, which extended the Paid Parking Program to operate Monday-Sunday, from 9 a.m. – 8 p.m. each day.

Attachment 1

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Options

1. Take no action ;

2. 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; provide feedback to the City Manager on the implementation and signage for the new rates (once effective); and provide direction to staff regarding the proposed refund of parking fees collected from February 6, 2023 to February 6, 2024.

3. Provide alternative direction to staff.

Analysis and Conclusions
Review of Downtown Paid Parking Program by City Attorney The City has maintained downtown parking and associated paid parking rates, with varying structures, for many years. Chapters 12.38, 12.42 and 12.45 of the City’s Municipal Code all include codified local law adopted by ordinance relevant to City’s downtown parking. More recently, on November 21, 2023, City Council had a properly agendized discussion on the future of downtown parking in response to the findings and recommendations of the City Council ad hoc, which was created to consider changes to the downtown parking program. At that meeting, by a 3-2 roll call vote, the City Council decided (as described within the adopted minutes for that meeting): “to charge $1 per hour from minute one of the [downtown] parking session; to allow unlimited senior parking permits for residents over 65 years old within the City limits for one vehicle per household; to continue all other existing parking regulations; to direct staff to improve the signage and kiosks; and to direct staff to bring back any other required future formal action items related to parking” (the “November Parking Action”).

Following that action concerns were raised suggesting the City’s November Parking Action violated State law. Specifically, it has been asserted that Vehicle Code section 22508(a) required the Council to have noticed and approved an ordinance to properly effectuate the November Parking Action. In response to those concerns the City Attorney reviewed the adoption of the Parking Management Ordinance in 2018 and the actions taken by the City since that time to implement the Parking Management Ordinance. As Attachment 1

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described below, the assertion that the November Parking Action violated state law is incorrect. However, the review of actions implementing the 2018 Ordinance uncovered that the Downtown Parking Zone was not established correctly.

VC 22508 provides, in part, that a city “shall not establish parking meter zones of fix the rates for those zones except by ordinance. The rate of fees may be variable, based upon criteria identified by the local authority in the ordinance. An ordinance establishing a parking meter zone shall describe the area that would be included within the zone.”
The City adopted the 2018 Parking Management Ordinance to comply with VC 22508. The 2018 Ordinance provides for the establishment of parking meter zones, provides criteria to establish the variable rate of fees charged, and provides that parking meter zones were to be adopted by subsequent ordinance or resolution. After much public engagement and input the Paid Parking Program was designed to delegate authority to City Manager regarding time limits and parking rates based upon variable criteria. As adopted by the Council, and presently in effect, the 2018 Parking Management Ordinance sets forth a regulatory system which provides that within parameters set by the Council, the City Manager is authorized to set time limits and rates pursuant to his judgement to achieve the 85% parking utilization rate. Achieving the 85% parking utilization rate is the goal set by the Council.

Based upon the delegated authority within the City’s ordinance, the November 21, 2023 action was consistent with the 2018 Parking Management Ordinance. However, during the review of the matter by the City Attorney, it was discovered that the footprint of the Downtown Parking Zone was created by motion and recorded in the minutes (on May 7, 2019) and, was not created by ordinance or resolution as required by Municipal Code section 12.42.020. As a result, it has been determined that the Downtown Parking Zone was not appropriately formed. The City Manager, in consultation with the City Attorney, determined that pausing the enforcement of the downtown parking program was appropriate until the Downtown Parking Zone could be reestablished consistent with the Municipal Code requirements. As such, the City paused the collection of parking fees in the Downtown Parking Zone effective February 7, 2024. In addition, the City has voided all parking citations received and unpaid prior to that date. The Parking Program will remain paused until the City Council has adopted an ordinance amending PRMC Chapter 12.42, Parking Management, to clarify the Downtown Parking Zone.

Modification to PRMC Chapter 12.42, Parking Management
During the review of the Downtown Paid Parking Program and in light of the confusion resulting from the structure of the ordinance, the following revisions to Chapter 12.42 are recommended to the Council. The recommendations, though not required to be compliant with VC Section 22508, are intended to make clarifying changes to the ordinance and codify the area covered by the Downtown Parking Zone. The modifications describe the Council approved range of parking rates from $1-$5 per hour. The City Manager is then authorized to modify the charged rate and time limits to facilitate achieving the desired 85% utilization rate. VC 22508 does not require the local ordinance to set a definitive parking rate. Rather, it allows for the local ordinance to provide that the rate of fees may be variable based upon criteria in the local ordinance. The proposed modifications to PRMC 12.42 reiterate the intent of the 2018 Parking Management Ordinance but more clearly establish the parameters and criteria by which the parking rates may be modified in the future without amending the ordinance. Additionally, a provision has been added to clarify the basis for the Senior Parking Permit Program pursuant to VC 22507. Specifically, the changes are:

Attachment 1

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12.42.020 Parking zones.

A. Parking zones shall be established by the city council by ordinance or resolution, which may include the establishment of time limits and/or parking rates for such zones.

12.42.060 Overparking—Exceptions.

It shall be unlawful for any person, except outside of the designated parking zone hours and days of operation, to cause, allow, permit, or suffer any vehicle registered in his/her name or operated or controlled by him/her to be parked in any parking space upon any street within a parking zone or within a parking lot as indicated by proper signs placed in such zone or lot indicating the maximum parking time allowed in such parking space. A vehicle will be deemed to have been parked longer than the posted time limit, if it has not been moved at least "out of the parking zone" or parking lot after the expiration of the maximum time limitation indicated on the posted signage. A The specific parking zone for which local parking regulations apply is defined as the parking zonewill be indicated on posted signage. A vehicle may not return to the initial parking zone or parking lot sooner than two hours following the expiration of the initial time period. Within parameters set by the city council, the city manager or their designee may set and adjust the parking zones, posted time limits, and/or period of operation of paid parking between the hours of seven o'clock a.m. and ten o'clock p.m. on any day, with the intent of achieving the target utilization rate of eighty-five percent.

12.42.070 Parking zone regulations – Authority.

B. All parking zone time limits and/or paid parking rates heretofore established shall be and remain in effect unless otherwise set or adjusted by the city council. The city council establishes that a paid parking session commences immediately upon parking, as provided in 12.42.080, unless otherwise determined by the city manager, or their designee. The length of time allowed for a timed parking session for each parking area shall be established by the city manager, or their designee, and range of time limits limits from a minimum of fifteen minutes to a maximum of ten hours. The city manager, or their designee, shall set the time limit of each parking zone, consistent with achieving the eighty-five percent target utilization rate, based upon parking occupancy data and community input. The city manager, or their designee, may designate certain parking spots as a maximum of 15 minutes and, if determined by the city manager, or their designee, to be consistent with achieving the 85% parking utilization rate or in the best interest of the community, provide that those designated parking spots do not require payment.

C. Under the authority of California Vehicle Code section 22508, the City Council establishes a range of hourly parking rates from $1.00 to $5.00. The City Manager, or their designee, shall set the rate of the parking zones within that range consistent with achieving the 85 percent target utilization.

Implementation of November 21, 2023 Action
As described above, at the November 21, 2023, Council meeting, by a 3-2 roll call vote, the City Council decided: “to charge $1 per hour from minute one of the [downtown] parking session; to allow unlimited Attachment 1

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senior parking permits for residents over 65 years old within the City limits for one vehicle per household; to continue all other existing parking regulations; to direct staff to improve the signage and kiosks; and to direct staff to bring back any other required future formal action items related to parking.” Additionally, the Council requested the City Manager return to the Council to provide an update on the new signage and related matters.

Following the effective date of the modifications to PRMC 12.42, if adopted by the Council, the City will proceed with an education program to ensure the public is aware of the changes to the program. New signage will be installed and parking ambassadors will be available to update the public on the new program. If adopted the modifications to PRMC 12.42 would be effective on Friday, April 5, 2024 (30 days following a second reading on March 5, 2024). Between the adoption of the changes to PRMC 12.42, City staff will be working with the community to educate them on the new parking program prior to its implementation on April 5, 2024.

Effective April 5, 2024, the Downtown Parking Zone cost for parking would be $1 per hour. Although the previous rate structure was generally achieving a utilization rate between 75-85% busy days exceeded the 85% threshold. Additionally, as has been previously presented to the Council, the two hour free parking has been technologically difficult to implement. This revised rate structure is anticipated to achieve a similar utilization rate and, as a flat rate will be less confusing for the public, will result in a system that is easier to implement for staff and consistent with the technological capabilities of the kiosk/meter system.

Based upon the foregoing, its implementation will be consistent with the ordinance.

Additionally, if this ordinance is approved by the Council tonight, staff will return with a resolution, at the same meeting as the second reading of the ordinance is heard, to memorialize the senior parking permit program. Specifically, the resolution will implement modifications to expand the program consistent with the direction from the City Council at the November 21, 2023 meeting.

Consideration of Refunds for Parking Payments Received
Although the City has not received any valid claims for a refund of downtown parking fees, it seems appropriate to provide an opportunity for customers who paid for parking to apply for and receive a refund. Under the Government Claims Act, claims for overpayment of fees may only reach back to payments for the prior one year.

As such, staff is seeking direction from the City Council regarding providing a refund and, if the Council would like to voluntarily provide refunds in lieu of requiring people to file a claim under the Government Claims Act, an appropriate refund mechanism for the parking fees collected and citations issued within the 12 months prior to the downtown parking program being paused. Staff envisions a refund process including the following components:
x A refund payment to customers who can demonstrate through credit card charge or other mechanism a payment for parking (fees or citation) between February 6, 2023, and February 6, 2024.
x The amount of the refund would be the amount demonstrated paid by the customer during that period.
x To receive the refund the customer will be required to sign a waiver agreeing not bring a claim/lawsuit arising from the imposition of Downtown Parking fees prior to February 7, 2024.

This waiver will be included on the claim form provided by the City to process the refund. The claim form will be available on the City’s website or by hardcopy at City Hall.

Attachment 1

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x A city website announcement of the refund process.
x Customers would have 120 days to complete and return the refund form to the City from the date the City website goes live with information on the refund process.

Fiscal Impact
The total cost to manage and operate the downtown parking program is approximately $500,000 per year.

The fiscal impacts regarding the refunds for the parking fees and citations issued within the 12 months prior to the downtown parking program being paused is significant. Over the past year, there have been 62,445 parking sessions, totaling $177,000, and 7,688 parking citations, totaling $384,000. As such, assuming that 100% of the people who paid for parking during the past year complete and return a claim form, the refund would have a fiscal impact of approximately $561,000. However, this will be very time intensive and additional resources will be needed to handle the potential influx of 60,000+ requests for refunds. This would further exacerbate the loss to the General Fund mentioned above.

CEQA
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.

Attachments

1. Ordinance XXXX - Amending Chapter 12.42 of the El Paso de Robles Municipal Code

2. Proposed Signage for Downtown Paid Parking Program

3. Draft-Downtown Parking Refund Request Form

4. Draft-No Enforcement Days
Attachment 1

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ORDINANCE NO. XXXX N.S.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES 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
WHEREAS, on October 16, 2018 the City Council heard the first reading of an ordinance revising Paso Robles Municipal Code Chapter 12.42, among other sections, to address charging for parking pursuant to Vehicle Code (“VC”) Section 22508; and
WHEREAS, following the first reading of the ordinance City staff, community members and an Ad Hoc Committee met to consider comments made by the community at the first reading and recommended minor revisions to the ordinance; and
WHEREAS, on November 6, 2018, the City Council approved the second reading and adopted the ordinance (the “2018 Parking Management Ordinance”) incorporating the minor modifications recommended by the Ad Hoc committee and the community following the first reading; and WHEREAS, between November 2018 and May 2019 City staff continued to meet internally and with the community regarding the implementation of the new parking program; and WHEREAS, on May 7, 2019, the City Council heard a Downtown Parking update and, by motion recorded as a minute action, approved 2 hours of free parking in the area from 10th St to 14th St and Spring St to Pine St (“Downtown Parking Zone”), between 9 am – 6 pm, Monday-Friday, with paid parking to be initiated when and where appropriate after 2 hours (“Paid Parking Program”); and WHEREAS, on May 21, 2019, the City Council approved agreements with vendors to implement the Paid Parking Program ; and
WHEREAS, in August 2019, the City began charging for parking pursuant to the Paid Parking Program; and
WHEREAS, between August 2019 and May 2022, the Downtown Parking Advisory Commission and community continued to review aspects of the Paid Parking Program. In May 2022, the City Council disbanded the Downtown Parking Advisory Commission; and WHEREAS, on March 16, 2021, the City Council adopted Resolution 21-035, which extended the Paid Parking Program to operate Monday-Sunday, from 9 am – 8 pm each day; and WHEREAS, between December 2022 and November 2023, the City Council heard numerous items related to the Paid Parking Program designed to assess the implementation and fiscal impacts of the Paid Parking Program; and
WHEREAS, on November 21, 2023, the City Council approved, by motion and recorded as a minute action, charging $1 per hour starting at minute 1 within the Downtown Parking Zone, allowing unlimited senior permits for City residents, and the design and ordering of new signage. The Council also requested the City Manager to return with any additional actions requiring Council action to implement the revisions to the Paid Parking Program and to provide an update to the Council; and Attachment 1

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WHEREAS, following that action a number of community members asserted the City did not have the ability to charge for parking in the downtown area because the City did not have an ordinance addressing the imposition of parking rates; and
WHEREAS, in response to the community concerns the City Attorney’s office conducted a review of the City’s existing Parking Management Ordinance, PRMC 12.42, and all actions taken since its adoption to confirm that the parking program was implemented consistent with the requirements of the Vehicle Code and the City’s own ordinance; and
WHEREAS, following an initial review of the implementation of Municipal Code Chapter 12.42 the City paused charging for parking and issuing citations associated with parking in the Downtown Parking Zone effective February 7, 2024.

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. The Council hereby ordains that Chapter 12.42 is hereby amended to read as follows:

Chapter 12.42 PARKING MANAGEMENT1

12.42.010 Definitions.

A. Definitions. Unless the context otherwise requires, the terms used in this chapter shall have the following meanings.

B. Undefined words. The definition of any term used in the chapter not otherwise herein defined shall be the same as such terms are defined and described in the vehicle code of the state of California and amendments thereto.

C. Vehicle. The word vehicle as used herein shall mean any device in, upon or by which any person or property may be transported upon a street or highway, except those operated upon rails or tracks.

D. Park. The word park or parking, when used herein, shall mean the standing of a vehicle whether occupied or not, otherwise than temporarily, for the purpose of and while actually engaged in loading or unloading passengers or merchandise.

E. Parking Zone. A parking zone in this chapter is defined as a group of on-street parking spaces with time limits and/or paid parking, as indicated on posted signage. (Ord. 152 N.S. § 1, 1950)
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12.42.020 Parking zones.

A. Parking zones shall be established by the city council by ordinance, which may include the establishment of time limits and/or parking rates for such zones.

B. The City Council does hereby establish the Downtown Parking Zone which shall include the area extending from 10th Street to 14th Street, from Spring Street to Pine Street and the 900 block of 12th and 13th Streets (from Pine Street to Railroad Street). (Ord. No. 1065 N.S., § 3, 11-6-2018)

12.42.030 Authority to implement time limits.

Within parameters set by the city council, the city manager or designee is hereby authorized and directed to implement time limits in all established parking zones for the purpose of and in such numbers and at such places as in his judgment may be necessary to the regulation, control and inspection of the parking of vehicles therein. (Ord. No. 1065 N.S., § 3, 11-6-2018)
Editor's note(s)—Ord. No. 1065 N.S., § 3, adopted Nov. 6, 2018, repealed the former § 12.42.030 and enacted a new § 12.42.030 as set out herein. The former § 12.42.030 pertained to engineer—authority to install and derived from Ord. 152 N.S., § 2, adopted in 1950.

12.42.040 Signs—Authority of engineer.

The city engineer is authorized to cause signs which fulfill the requirements of the ordinances and resolutions of the city pertaining thereto to be placed in the various parts of such zones to so indicate.
(Ord. 152 N.S. § 4, 1950)

12.42.050 Markings—Painting—Parking within.

The city engineer may have lines or markings painted or placed upon the curb or street adjacent to indicate individual parking spaces. It shall be unlawful to park any vehicle across any such line or marking or to park a vehicle in such a position that the same shall not be entirely within the space designated by such lines or markings. (Ord. 152 N.S. § 5, 1950)
(Ord. No. 1065 N.S., § 3, 11-6-2018)

12.42.060 Overparking—Exceptions.

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parking zone or parking lot sooner than two hours following the expiration of the initial time period. Within parameters set by the city council, the city manager or their designee may set and adjust the parking zones, posted time limits, and/or period of operation of paid parking between the hours of seven o'clock a.m. and ten o'clock p.m. on any day, with the intent of achieving the target utilization rate of eighty-five percent. (Ord. 152 N.S. § 6, 1950)
(Ord. No. 1065 N.S., § 3, 11-6-2018)

12.42.070 Parking zone regulations—Authority.

A. It is the intent of the city council to establish a target occupancy rate of eighty-five percent for all parking zone spaces within the city of Paso Robles. Occupancy rate refers to the percentage of parking zone spaces that are occupied by vehicles. The establishment of the target occupancy rate of eighty-five percent is based on well-accepted planning studies as well as the example of other municipalities. The city council finds that the establishment of the target occupancy rate of eighty-five percent is an effective strategy for managing onstreet parking and congestion.

B. The city council establishes that a paid parking session commences immediately upon parking, as provided in 12.42.080, unless otherwise determined by the city manager, or their designee. The length of time allowed for a timed parking session for each parking area shall be established by the city manager, of their designee, and range from a minimum of fifteen minutes to a maximum of ten hours. The city manager, or their designee, shall set the time limit of each parking zone, consistent with achieving the eighty-five percent target utilization rate, based upon parking occupancy data and community input. The city manager, or their designee, may designate certain parking spots as a maximum of 15 minutes and, if determined by the city manager, or their designee, to be consistent with achieving the eightyfive percent parking utilization rate or in the best interest of the community, provide that those designated parking spots do not require payment.

C. Under the authority of California Vehicle Code section 22508, the city council establishes a range of hourly parking rates from $1.00 to $5.00. The city manager, or their designee, shall set the rate of the parking zones within that range consistent with achieving the eighty-five percent target utilization rate.

12.42.080 Payment required.

When any vehicle is parked in any space within a paid parking zone, during the established payment hours, the operator of said vehicle upon so parking shall, and it shall immediately initiate a paid parking session through a designated and city-approved payment method.
(Ord. No. 1065 N.S., § 3, 11-6-2018)
Editor's note(s)—Ord. No. 1065 N.S., § 3, adopted Nov. 6, 2018, repealed the former § 12.42.080 and enacted a new § 12.42.080 as set out herein. The former § 12.42.080 pertained to coin deposit required and derived from Ord. 152 N.S., § 8, adopted in 1950.

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12.42.090 Substitutes—Slugs.

It shall be unlawful to deposit or cause to be deposited in any paid parking device, any slug, device or metallic substitute for lawful payment. (Ord. 152 N.S. § 9, 1950)
(Ord. No. 1065 N.S., § 3, 11-6-2018)

12.42.100 Tampering—Destroying.

It shall be unlawful for any person to deface, injure, tamper with, open, or willfully break, destroy, or impair the usefulness of any parking signage, or other paid parking device installed pursuant to this chapter.
(Ord. 152 N.S. § 10, 1950)
(Ord. No. 1065 N.S., § 3, 11-6-2018)

12.42.110 Citation for violation—Procedure.

It shall be the duty of each police officer to take the number of any meter or parking zone at which any vehicle is over-parked, as provided in this chapter; the state vehicle license of such vehicle; the time and date of such over-parking, and the make of such vehicle; and issue, in writing and attach to such vehicle a citation for illegal parking in the same form and subject to the same procedure provided for by the laws of the state of California applicable to the traffic violations within this city.
(Ord. 152 N.S. § 11, 1950)
(Ord. No. 1065 N.S., § 3, 11-6-2018)

12.42.120 Parking ambassadors.

A. The chief of police is hereby authorized to designate regularly employed and salaried employees of the city or of a parking benefit district as parking ambassadors.

B. Civilian employees of the city of Paso Robles or a parking benefit district, as well as special contractors designated by the chief of police, shall enforce provisions of this title and the California Vehicle Code relating to the standing or parking of vehicles that legally may be enforced by persons other than peace officers.

C. Parking ambassadors shall enforce the provisions relating to regulation of traffic and to stopping, standing and parking of vehicles contained in the Paso Robles Municipal Code, the Paso Robles Traffic Code and in the California Vehicle Code. (Ord. No. 1065 N.S., § 3, 11-6-2018)

12.42.130 Electric vehicle parking regulations.

A. Definitions. Unless the context otherwise requires, the terms used in this title shall have the following meanings.

1. "Electric vehicle" means either a battery electric vehicle or a plug-in hybrid electric vehicle.

2. "Battery electric vehicle" means a vehicle fueled entirely by electricity stored in the onboard battery. This type of vehicle is often referred to as a zero emission vehicle.

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3. "Plug-in hybrid electric vehicle" means a vehicle that is fueled by both a battery and another fuel source, such as a gasoline-powered internal combustion engine. This type of vehicle runs on electricity from the onboard battery until the battery is exhausted and then switches to an alternate power source.

4. "Charger" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries or other energy storage devices within electric vehicles.

5. "Actively charging" means the time during which the connector from the charger at a charging station is inserted into the inlet and electrical power is being transferred for the purpose of recharging the electric vehicle's on-board batteries.

6. "Electric vehicle charging station" means a parking space that is served by a charger.

7. "Electric vehicle charging station zone" means a dedicated parking zone for electric vehicles to park and actively connect to chargers.

8. "Connector" means a device inserted into the inlet for an electric vehicle that establishes an electrical connection from the charger to the electric vehicle for the purpose of charging and exchanging information.

9. "Inlet" means the device on the electric vehicle into which the connector is inserted for charging and information exchange.

B. Only plug-in electric vehicles that are actively charging, as indicated by the electric vehicle charging station monitor display, may be parked at electric vehicle charging stations or in electric vehicle charging station zones located on any street or any parking facility owned, leased, or operated by the city of Paso Robles.

C. No person shall park or cause to be parked or allow to remain standing any vehicle at an electric vehicle charging station or in an electric vehicle charging station zone located on any street or in any parking facility owned, leased, or operated by the city of Paso Robles, unless the vehicle is an electric vehicle, is actively charging, and has not exceeded any applicable parking time limit.
(Ord. No. 1065 N.S., § 3, 11-6-2018)
Section 3. The City Council hereby adopts the language incorporated herein by reference.

Section 4. 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.

Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance, or the application thereof to any person or circumstances, is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.

Section 6. 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 7. Publication. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published at least five (5) days prior to the meeting at which the proposed Ordinance is to be adopted and shall post a certified copy of the proposed Ordinance in the Office of the City Clerk. Within fifteen (15) days of the adoption of the Ordinance, the City Clerk shall Attachment 1

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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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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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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
PAID PARKING SESSIONSͲREFUND REQUEST
Please list each paid parking session individually, include additional pages if necessary.

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

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

Attachment 3

TOTAL FROM ADDITIONAL PAGES

TOTAL PARKING CITATION REFUND REQUESTED
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PAGE 3 OF 3
By signing this form you are claiming that the information above is true and correct.

Total Paid Parking
Refunds Authorized:
2382110Ͳ47116
Total Citation
Refunds Authorized:
2382110Ͳ44030
Payment Authorized
by:

Authorized Date:

DATE:

NAME:

SIGNATURE:

PRINT NAME:

CITY OF PASO ROBLES DOWNTOWN PARKING
REFUND REQUESTͲCONTINUED
RELEASE AND WAIVERͲREFUND 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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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 FORMͲSEE INSTRUCTIONS FOR FURTHER DETAILS ADDITIONAL DOWNTOWN PARKING CITATIONͲREFUND REQUEST
Please list each parking citation individually, include additional pages if necessary.

TOTAL PAID PARKING SESSION REFUND REQUESTED
PROOF OF PAYMENT MUST BE ATTACHED TO THIS FORMͲSEE INSTRUCTIONS FOR FURTHER DETAILS DOWNTOWN PARKINGͲREFUND REQUEST

CONTINUED
ADDITIONAL PAID PARKING SESSIONSͲREFUND REQUEST
NAME:

Date of Session
Attachment 3

TOTAL PARKING CITATION REFUND REQUESTED
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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:
x Pioneer Day
x Thanksgiving Day
x Christmas Day
x New Years Day
x Independence Day
x 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 OFELPASO DEROBLES
“The Pass of the Oaks”
Attachment 4
1000 Spring Street ƒ Paso Robles ƒ California 93446
(805) 237-3888 FAX (805) 237-4032
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ORDINANCE NO. 1135 N.S.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES AMENDING PASO ROBLES MUNICIPAL CODE CHAPTER 12.42, PARKING MANAGEMENT, TO CLARIFY

THE PROCESS FOR SETTING PARKING RATES, REESTABLISHING THE DOWNTOWN PARKING ZONE AND

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WHEREAS, following that action a number of community members asserted the City did not have the ability to charge for parking in the downtown area because the City did not have an ordinance addressing the imposition of parking rates; and
WHEREAS, in response to the community concerns the City Attorney’s office conducted a review of the City’s existing Parking Management Ordinance, PRMC 12.42, and all actions taken since its adoption to confirm that the parking program was implemented consistent with the requirements of the Vehicle Code and the City’s own ordinance; and
WHEREAS, following an initial review of the implementation of Municipal Code Chapter 12.42 the City paused charging for parking and issuing citations associated with parking in the Downtown Parking Zone effective February 7, 2024.

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. The Council hereby ordains that Chapter 12.42 is hereby amended to read as follows:

Chapter 12.42 PARKING MANAGEMENT1

12.42.010 Definitions.

A. Definitions. Unless the context otherwise requires, the terms used in this chapter shall have the following meanings.

C. Vehicle. The word vehicle as used herein shall mean any device in, upon or by which any person or property may be transported upon a street or highway, except those operated upon rails or tracks.

E. Parking Zone. A parking zone in this chapter is defined as a group of on-street parking spaces with time limits and/or paid parking, as indicated on posted signage. (Ord. 152 N.S. § 1, 1950)

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12.42.020 Parking zones.

A. Parking zones shall be established by the City Council by ordinance, which may include the establishment of time limits and/or parking rates for such zones.

B. The City Council does hereby establish the Downtown Parking Zone which shall include the area extending from 10th Street to 14th Street, from Spring Street to Pine Street and the 900 block of 12th and 13th Streets (from Pine Street to Railroad Street). (Ord. No. 1065 N.S., § 3, 11-6-2018)

12.42.030 Authority to implement time limits.

Within parameters set by the City Council, the City Manager or designee is hereby authorized and directed to implement time limits in all established parking zones for the purpose of and in such numbers and at such places as in his judgment may be necessary to the regulation, control and inspection of the parking of vehicles therein. (Ord. No. 1065 N.S., § 3, 11-6-2018)
Editor's note(s)—Ord. No. 1065 N.S., § 3, adopted Nov. 6, 2018, repealed the former § 12.42.030 and enacted a new § 12.42.030 as set out herein. The former § 12.42.030 pertained to engineer—authority to install and derived from Ord. 152 N.S., § 2, adopted in 1950.

12.42.040 Signs—Authority of engineer.

12.42.050 Markings—Painting—Parking within.

12.42.060 Overparking—Exceptions.

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period of operation of paid parking between the hours of seven o'clock a.m. and ten o'clock p.m. on any day, with the intent of achieving the target utilization rate of eighty-five percent. (Ord. 152 N.S. § 6, 1950)
(Ord. No. 1065 N.S., § 3, 11-6-2018)

12.42.070 Parking zone regulations—Authority.

A. It is the intent of the City Council to establish a target occupancy rate of eighty-five percent for all parking zone spaces within the city of Paso Robles. Occupancy rate refers to the percentage of parking zone spaces that are occupied by vehicles. The establishment of the target occupancy rate of eighty-five percent is based on well-accepted planning studies as well as the example of other municipalities. The City Council finds that the establishment of the target occupancy rate of eighty-five percent is an effective strategy for managing onstreet parking and congestion.

B. The City Council establishes that a paid parking session commences immediately upon parking, as provided in 12.42.080, unless otherwise determined by the City Manager, or their designee. The length of time allowed for a timed parking session for each parking area shall be established by the City Manager, of their designee, and range from a minimum of fifteen minutes to a maximum of eleven hours. The City Manager, or their designee, shall set the time limit of each parking zone, consistent with achieving the eighty-five percent target utilization rate, based upon parking occupancy data and community input. The City Manager, or their designee, may designate certain parking spots as a maximum of 30 minutes and, if determined by the City Manager, or their designee, to be consistent with achieving the eighty-five percent parking utilization rate or in the best interest of the community, provide that those designated parking spots do not require payment.

D. Under the authority of California Vehicle Code section 22507, the City Council may establish preferential parking privileges associated with any Parking Zone or other area by ordinance or resolution with provisions reasonable and necessary to ensure the effectiveness of a preferential parking program.

12.42.080 Payment required.

12.42.090 Substitutes—Slugs.

It shall be unlawful to deposit or cause to be deposited in any paid parking device, any slug, device or metallic substitute for lawful payment.

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(Ord. 152 N.S. § 9, 1950)
(Ord. No. 1065 N.S., § 3, 11-6-2018)

12.42.100 Tampering—Destroying.

12.42.110 Citation for violation—Procedure.

12.42.120 Parking ambassadors.

A. The chief of police is hereby authorized to designate regularly employed and salaried employees of the city or of a parking benefit district as parking ambassadors.

12.42.130 Electric vehicle parking regulations.

A. Definitions. Unless the context otherwise requires, the terms used in this title shall have the following meanings.

1. "Electric vehicle" means either a battery electric vehicle or a plug-in hybrid electric vehicle.

2. "Battery electric vehicle" means a vehicle fueled entirely by electricity stored in the onboard battery. This type of vehicle is often referred to as a zero emission vehicle.

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4. "Charger" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries or other energy storage devices within electric vehicles.

6. "Electric vehicle charging station" means a parking space that is served by a charger.

7. "Electric vehicle charging station zone" means a dedicated parking zone for electric vehicles to park and actively connect to chargers.

9. "Inlet" means the device on the electric vehicle into which the connector is inserted for charging and information exchange.

Section 4. 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.

Section 6. 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.

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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 5th day of March, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John R. Hamon, Jr., Mayor
ATTEST:

Melissa Boyer, City Clerk

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Attachment 3
RESOLUTION 24-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES

REAUTHORIZING A PREFERENTIAL PARKING PROGRAM FOR RESIDENT SENIORS

WITHIN THE DOWNTOWN PARKING ZONE AND OFFERING CREDIT TOWARD THE NEW PERMIT FEE

OR REIMBURSEMENT TO THOSE ELIGIBLE SENIORS THAT PARTICIPATED DURING THE 2023/2024 YEAR
WHEREAS, the City Council has voted to approve an ordinance that amends Paso Robles Municipal Code Chapter 12.42, associated with downtown parking, which establishes a parking zone which shall include the area extending from 10th Street to 14th Street, from Spring Street to Pine Street, and the 900 block of both 12th and 13th Streets (from Pine Street to Railroad Street) (the “Downtown Parking Zone”); and
WHEREAS, California Vehicle Code Section 22507 provides that local authorities may, by ordinance or resolution, prohibit or restrict the stopping, parking, or standing of vehicles on certain streets or highways, or portions thereof, during all or certain hours of the day, and designate certain streets upon which preferential parking privileges are given to specified groups, if the local authority determines the use of such permits will not adversely affect parking conditions for residents and merchants in the area; and
WHEREAS, such resolution may further include a designation of certain streets upon which preferential parking privileges are given to specified groups through issuance of a permit, exempting them from the prohibition or restriction of the parking ordinance or resolution, if the local authority determines the use of such permits will not adversely affect parking conditions for residents and merchants in the area; and
WHEREAS, pursuant to Boccato v. City of Hermosa Beach (1984) 158 Cal.App.3d 804 and Friedman v.

City of Beverly Hills (1996) 47 Cal.App.4th 436, such local resolution “may contain provisions reasonable and necessary to insure the effectiveness of a preferential parking program,” and “section 22507 must be read to provide localities with flexibility and power to adopt ordinances and resolutions which are reasonably intended and designed to reduce severe local parking problems”; and WHEREAS, the City Council desires to reauthorize a program to provide preferential parking permits within the Downtown Parking Zone in the City of Paso Robles as necessary to provide reasonably available and convenient parking for the benefit of its senior residents, pursuant to the authority granted in California Vehicle Code Section 22507; and
WHEREAS, this resolution exempts qualifying Senior Residents with a valid Senior Resident Preferential Parking Permit from the paid parking restrictions that otherwise apply in the Downtown Parking Zone, under Paso Robles Municipal Code Chapter 12.42; and
WHEREAS, this action is not a project under the California Environmental Quality Act pursuant to State CEQA Guidelines §§ 15060, subd. (c)(2),(3) and 15378, because it can be seen with certainty the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:

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Attachment 3
Section 1. Recitals. All of the above recitals are true and correct and incorporated herein by reference.

Section 2. Local Regulation – Senior Resident Preferential Parking Program. The City Council hereby creates a Senior Resident Preferential Parking Program pursuant to Ordinance No. 1135 N.S., which codifies Municipal Code Section 12.42.070.D. The Parking Program as enacted by this Resolution in Sections 2, 3, and 4 shall become operative upon the effective date of Ordinance No. 1135.

Section 3. Definitions.
a. For purposes of this resolution, the definitions contained in Ordinance No. 1135 N.S. amending Paso Robles Municipal Code Chapter 12.42, Parking Management, to clarify the process for setting parking rates, reestablishing the Downtown Parking Zone and adopting other clarifying provisions, applies.
b. For purposes of this resolution, an eligible “Senior Resident” for purposes of a Senior Resident Preferential Parking Permit shall meet all of the following criteria:
i. Must be 65 years of age or older with a valid driver’s license; and ii. Must be a Paso Robles resident (within City limits); and iii. Must be the registered owner of the vehicle for which the permit will be used; and
iv. Must not be an employee or business owner of a business within the Downtown Parking Zone; and
v. Only 1 vehicle per household is eligible to receive a senior resident preferential parking permit .
c. For purposes of this resolution, “Senior Resident Preferential Parking Permit” shall mean the valid, annual permit issued by the City that exempts Senior Residents from otherwise applicable paid parking requirements in the Downtown Parking Zone. The recipient of the Permit may not receive a physical permit from the City but the license plate number associated with the Permit will be stored in the City’s License Plate Recognition software as a recipient of the Senior Resident Preferential Parking Permit.

Section 4. Authorization of Senior Resident Preferential Parking Permits. a. If a physical permit is provided, any vehicle properly displaying, by placing on the front dashboard or hanging from the rearview mirror, a valid Senior Resident Preferential Parking Permit or a vehicle which has been desiginated in the City’s License Plate Recognition software as assigned a valid Senior Resident Preferential Park Permit may park within the Downtown Parking Zone free of charge, when parking on such street otherwise requires payment.
b. Senior Resident Preferential Parking Permits shall be issued by the Paso Robles Parking Coordinator upon proof of eligibility as set forth herein, and shall be renewable annually, pursuant to this Resolution and any administrative guidance that shall be published on the City’s website under “Downtown Parking.” c. The City Manager or designee is authorized to issue new or amend the administrative guidance published on the City’s website under “Downtown Parking,” consistent with this Resolution.

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Attachment 3
d. Any Senior Resident Preferential Parking Permit shall become invalid and returned to the City when the permittee no longer meets the criteria set forth in this Resolution.

Section 5. Refunds and Credits for Downtown Parking Program. As part of the February 20, 2024, Council action regarding paid parking fee refunds, the City Council authorized the City to issue refunds to those people who are able to demonstrate they paid for parking in the Downtown Parking Zone between February 6, 2023 and February 6, 2024. The purchase of a Senior Resident Preferential Parking Permit in lieu of paying for individual parking sessions in the Downtown Parking Zone is included in the authorization for refunds provided on February 20, 2024. Senior residents with a permit were paying for downtown parking, through a different process.

Those Senior Residents who paid for and received a Senior Resident Preferential Parking Permit for the Downtown Parking Zone between February 6, 2023 and February 6, 2024, will be issued a refund for the cost for such permit. Alternatively, if a current Senior Permit holder is eligible for and applies for a Senior Resident Preferential Parking Permit for the time period between April 5, 2024 and April 4, 2025, in lieu of receiving a refund, they may request the 2023 fee previously paid be used as a credit toward the application fee for a Senior Resident Preferential Parking Permit.

For those Senior Residents who paid for and received a Senior Resident Preferential Parking Permit for the Downtown Parking Zone between February 6, 2023 and February 6, 2024, who do not elect before April 30, 2024 to to accept a credit toward the application fee for this coming year, they will automatically be issued a refund check and accompanying letter after April 30, 2024.

Section 6. Severability. If any section, subsection, sentence, clause or phrase of this Resolution is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution.

The City Council hereby declares that it would have passed this Resolution, and each and every section, subsection, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the Resolution would be subsequently declared invalid or unconstitutional.

Section 7. Effective Date. This Resolution shall be effective immediately provided the City Council has adopted Ordinance 1135.

APPROVED this 5
th day of March, 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 March 5, 2024
From: JoAnne Bruner
To: City Clerk; Council
Subject: agenda item L5 Second Reading and Adoption of Setting Parking Rates Date: Monday, March 4, 2024 5:39:54 PM
[Some people who received this message don't often get email from [email protected]. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] [EXTERNAL EMAIL]
RE: agenda item L5 Second Reading and Adoption of Setting Parking Rates I wanted to share my personl experience with the downtown paid parking in Paso Robles. When coming from a doctor appointment in Paso Robles, I really wanted oriental food or something good to eat downtown. After driving around and then finding a parking spot, I remembered the paid parking and how I already was weak and hungry. So I left the good parking spot and drove to a Chinese Restaurant near Albertsons on Niblick so I would not have to deal with how the paid parking works.

That happens quite often when I think I'd like to go shopping or have lunch in Paso.

I am recovering from surgery
and do not want to deal with the paid parking, so I go to Templeton or Atascadero instead where the parking is free.

JoAnne Bruner
Bruner, JoAnne
L5 - Public Comment

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City Council Agenda March 5, 2024
From: Jeff Carr
To: City Clerk
Subject: Public Comment-- March 5 2024 City Council Mtg, Item J5 (1) Date: Tuesday, March 5, 2024 8:17:13 AM
[EXTERNAL EMAIL]
Public Comment-- March 5 2024 City Council Mtg, Item J5 (1) Second Reading and Adoption of the Updated and Revised Ordinance 1135 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;
I urge the city council to vote down and disapprove Ordinance 1135 Amending the Paso Robles Municipal Code.

It's understood that the downtown parking fund has made significant investments in equipment and personnel, and is in substantial debt that is getting worse due to these recently uncovered process mistakes. However, as I've seen no evidence that these conditions will get better anytime soon, and that any cure proposed by the city could most certainly be more painful than the disease---I feel an appropriate action now would be to end this program and cut our losses here.

As alternative direction to staff--I suggest the council direct staff to:
(a) extend this current parking enforcement 'pause' with the goal of bringing it to a final 'halt'.
(b) investigate the surplus potential of the existing parking equipment in the city's possession and report back to council within 1 month.
(c) investigate and report back to council within 1 month on all aspects involved in ending the current parking program including a complete and thorough accounting of all parking fund finances.
(d) support the reassembly of a downtown Parking Advisory Committee to meet, discuss, and study the city's parking situation; and establish plans and goals for improvement IF AND WHERE NEEDED. Extend the parking discussion to city wide-- though first steps will be to focus on downtown and town center areas. Include not just parking on the street, but all aspects of parking in the city including the city's zoning and development requirements for parking and in-lieu parking fees. ---- The committee will include representation from business, commercial property owners, city business employees, members of the public, and city staff. A committee chair will be appointed by the committee--and if the committee so desires, council liaisons will be requested and/or other committee structure will be defined. Information and support from city staff may also be requested during the life of the committee. The Parking Advisory Committee will meet independently and set their own agendas with city support, but without city or council member interference. They will be provided Carr, Jeff
L5 - Public Comment

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City Council Agenda March 5, 2024
with regular agenda time at council meetings to present the committee's status and recommendations.

This parking program, including its execution and management, has been a failure. It has failed the community. It has been a financial failure. It has never been a proper fit for the people of Paso Robles and the surrounding communities or the businesses of the city's downtown.

The parking enforcement 'pause' we have been experiencing these past weeks has been wonderful. From my perspective as a local resident, it has pumped excitement into the downtown that I haven't seen or felt in years. We've spent 5 years living with this distraction and argument and it's time for it to end.

An ordinance that claims the council's vote to raise parking rates on November 21, 2023 is a valid vote---is in my view, therefore an invalid action and ordinance.

The vote to raise parking rates, charging $1 per hour starting at minute 1 within the Downtown Parking Zone executed on November 21, 2023 is considered an invalid vote by me and many others in the city because: (1) it violated the Brown Act and (2) it raised parking rates in violation of California code.

Instead of bringing the discussion on raising rates back to the council and the public for appropriate discussion, the city and council majority on this vote have chosen to spin this ordinance discussion into some fix for their poor process and invalid vote on November 21st.

Instead of doing the right thing, instead of maintaining a needed level of integrity for the council and the city--the city and council majority have chosen a path of questionable process and legal maneuvering to accomplish their goals. And all the time ignoring the overwhelming comments from downtown businesses and the public pleading with them to end the parking program.

I believe this has unnecessarily exposed the council and city to criticism in the local press and media, exposed the city to potential litigation, and brought public embarrassment to the council, city, and its residents.

End the current downtown parking program and 'paid parking'. Please do not approve this ordinance.

Jeff Carr -- Paso Robles, CA
Carr, Jeff
L5 - Public Comment

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City Council Agenda March 5, 2024
From: Evelyn Chapin
To: City Clerk
Subject: Re. Parking fee in PR
Date: Monday, March 4, 2024 5:19:41 PM
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Respectfully, I would love to see the fee dropped for parking. It absolutely impacts the accessibility of the stores and restaurants. Thank you. 1 Peter 3:18 For Christ [the Messiah Himself] died for sins once for all, the Righteous for the unrighteous (the Just for the unjust, the Innocent for the guilty), that He might bring us to God. In His human body He was put to death, but He was made alive in the Spirit, In His Care,
Evelyn Chapin
18 Chapin, Evelyn
L5 - Public Comment

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City Council Agenda March 5, 2024
From: Tom Graves
To: City Clerk
Subject: Downtown paid parking
Date: Monday, March 4, 2024 12:23:36 PM
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Please say NO! The businesses and the public pay for greedy and controlling government.

They don’t care one bit about the people. Just money and power. Please show that you are true leaders and say NO! This is why people are leaving California…..you can do it… Graves, Tom
L5 - Public Comment

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City Council Agenda March 5, 2024

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City Council Agenda March 5, 2024

Paso Robles City CouncilMarch 5, 2024

Paso Robles City Council
March 5, 2024