Paso Robles City Council
December 17, 2024

U.S. House of Representatives
Washington, D.C. 20515
District Office Lease Attachment
(Page 4 of 5 – 119th Congress)
systems or equipment (including window air conditioning units provided by the Lessor) serving the premises.

17. Lessor Liability for Failure to Maintain. Lessor shall be liable for any damage, either to persons or property, sustained by Lessee or any of his or her employees or guests, caused by Lessor’s failure to fulfill its obligations under Sections 15 and 16.

18. Initial Alterations. Lessor shall make any initial alterations to the leased premises, as requested by Lessee and subject to Lessor’s consent, which shall not be unreasonably withheld. The cost of such initial alterations shall be included in the annual rental rate.

19. Federal Tort Claims Act. Lessor agrees that the Federal Tort Claims Act, 28 U.S.C. §§ 2671- 80, satisfies any and all obligations on the part of the Lessee to purchase private liability insurance. Lessee shall not be required to provide any certificates of insurance to Lessor.

20. Limitation of Liability. Lessor agrees that neither Lessee nor the House nor any of the House’s officers or employees will indemnify or hold harmless Lessor against any liability of Lessor to any third party that may arise during or as a result of the Lease or Lessee’s tenancy.

21. Compliance with Laws. Lessor shall be solely responsible for complying with all applicable permitting and zoning ordinances or requirements, and with all local and state building codes, safety codes and handicap accessibility codes (including the Americans with Disabilities Act), both in the common areas of the building and the leased space of the Lessee.

22. Electronic Funds Transfer. Lessor agrees to accept monthly rent payments by Electronic Funds Transfer and agrees to provide the Office of Finance, U.S. House of Representatives, with all banking information necessary to facilitate such payments.

23. Refunds. Lessor shall promptly refund to the CAO, without formal demand, any payment made to the Lessor by the CAO for any period for which rent is not owed because the Lease has ended or been terminated.

24. Conflict. Should any provision of this Attachment be inconsistent with any provision of the attached Lease or attached Amendment, the provisions of this Attachment shall control, and those inconsistent provisions of the Lease or the Amendment shall have no force and effect to the extent of such inconsistency.

25. Construction. Unless the clear meaning requires otherwise, words of feminine, masculine or neuter gender include all other genders and, wherever appropriate, words in the singular include the plural and vice versa.

26. Fair Market Value. The Lease or Amendment is entered into at fair market value as the result of a bona fide, arms-length, marketplace transaction. The Lessor and Lessee certify that the parties are not relatives nor have had, or continue to have, a professional or legal relationship (except as a landlord and tenant).

27. District Certification. The Lessee certifies that the office space that is the subject of the Lease is located within the district the Lessee was elected to represent unless otherwise authorized by Regulations of the Committee on House Administration.

Exhibit A

Instructions for Completing
U.S. House of Representatives
Substitute W-9 and ACH Vendor/Miscellaneous Payment Enrollment Form Section I - Agency Information – Includes the name and address, agency identifier, agency location code and telephone number for the House of Representatives.

Section II - Payee/Company Information – Print or type the name of the payee/company and address that will receive payment, social security or taxpayer ID number, contact person name, telephone number and email of the payee/company. Print or type the purchase order and remit to addresses if different from the payee/company address. Check the appropriate boxes for federal tax classification.

Section III - Financial Institution Information – Print or type the name and address of the payee/company’s financial institution who will receive the ACH payment, ACH coordinator name and telephone number, nine-digit routing transit number, depositor (payee/company) account title and account number. Check the appropriate box for type of account. Payee/Company may include a voided check with this form.

ACH Account Information Located on a Check or Deposit Ticket FINANCIAL INSTITUTION NAME name of the financial institution to which the payments are to be directed ROUTING TRANSIT NUMBER (RTN) financial institution's 9 digit routing transit number; found on the bottom of a check or deposit ticket or from your Financial Institution ACCOUNT TITLE employee's or vendor's name on the account ACCOUNT NUMBER account number at the financial institution Section IV - Socio-Economic Information – Check the boxes for each category, if applicable: type of business, small disadvantaged business program, HUBZone program, emerging small business, women-owned business, other preference programs, Veteran owned status and size of business. Detailed information related to Small Business programs can be found at http://www.sba.gov/.

Section V - Certification of Data By Payee/Company – Print or type the name, title/position and phone number of the Authorized official. The Authorized official must sign and date the form.

1. Routing Transit Number (RTN)
– nine digits located between
two symbols. This number
identifies the bank holding your
account and check processing
center.

2. Account number – this is your
complete account number.

Your account number can be
up to 17 digits. Please include
leading zeros.

3. ACH Routing Transit Number –
Automated Clearing House
routing number, use this
number for your Routing
Transit Number (RTN) if you
bank with SunTrust Bank.

4. Check number – This
information is not necessary -
do not provide
Exhibit A

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Attachment 2

Council Agenda Report
From: Ryan Cornell, Administrative Services Director/City Treasurer Subject: Time and Place Fixed for Public Hearing on Annexation No. 1 to City of Paso Robles Community Facilities District No. 2022-2N (Olsen/South Chandler Ranch – Services), including Adoption of Resolution Calling a Special Election for Said Community Facilities 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: December 17, 2024
Facts

1. The Mello-Roos Community Facilities Act of 1982, as amended, commencing with Government Code Section 53311 (the “Act”) permits public agencies, including cities, to establish a Community Facilities District (“CFD”), and to annex property thereto, which allows for financing the construction of public infrastructure and certain services.

2. CFDs impose a special tax on property owners within the CFD boundary through an annual special tax levy collected on the property tax bill. This financing mechanism allows new development to pay for public infrastructure and public service needs over time. Because the CFD special tax is added to the existing standard ad valorem property tax bill, it creates an additional tax to be paid by homeowners within CFD boundaries as opposed to those properties not located in CFD boundaries.

3. In August 2022, the City formed the City of Paso Robles Community Facilities District No. 2022-2N (Olsen/South Chandler Ranch – Services) (the “District”) for the purpose of providing certain public services in the District.

4. As a condition to development, Vindeo II, LLC (“Owner”), the owner of certain real property located in the City (the “Property”), has agreed to annex said Property into the District.

5. The City has received a petition for annexation from the Owner, requesting annexation of the Property to the District in order to finance certain maintenance and services.

6. The annexation of the territory to the District and the levy of the proposed special taxes within such area shall be subject to approval of the qualified electors at a special election, which can be held on the same day as the public hearing if all the land owners consent to such date in writing. Ballots will be provided to the respective qualified electors in accordance with the Act.

7. On November 5, 2024, City Council approved Resolution No. 24-120, declaring the intention to annex territory to CFD No. 2022-2N and approving the map of the area proposed to be annexed thereto.

Additionally, the resolution fixed a public hearing to be held on December 17, 2024. Annexation No. 1 to the District will consist of property located within San Luis Obispo County known as Assessor Parcel Numbers: 009-798-004-000 and 009-798-005-000
Options

1. Take no action;

2. Approve Resolutions 24-XXX(A) and 24-XXX(B) annexing certain territory to Community Facilities District No. 2022-2N (Olsen/South Chandler Ranch – Services) and to authorize the levy of a special tax therein; or

3. Refer back to staff for additional analysis.

Analysis and Conclusions
At the City Council meeting on November 5, 2024, the City Council initiated proceedings to annex territory to the District, known as Annexation No. 1. The purpose of the items presented at this meeting is to (i) hold a public hearing regarding Annexation No. 1, (ii) adopt a resolution calling a special election on the question of levying a special tax on the territory to be annexed, (iii) conduct said election regarding the levy of a special tax, and the provision of public services, and (iv) declare the election results, all as required by the Act. If a majority of interested persons within the boundaries of the District and the territory to be annexed thereto do not register written or oral protest at the public hearing, then the City Council may adopt the resolution calling a special election. The City Clerk will then conduct the special election and read the result of the ballot election. If the votes are in favor of the propositions presented on the ballot, the City Council may adopt the resolution declaring the results of the election. A call for a motion may then be made to introduce, by title only, and waive further reading of the ordinance authorizing the levy of special taxes. Thus, at the close of the public hearing, the City Council may consider the following actions in the following order:

1. Approve Resolution 24-XXX(A) Calling Special Election

2. Conduct Election

3. Approve Resolution 24-XXX(B) Declaring Election Results

4. First Reading of Ordinance Authorizing the Levy of Special Taxes The Resolution Calling the Special Election (Attachment No. 2) schedules the election for Annexation No. 1 with respect to the annual levy of special taxes to pay the costs of certain public services.

The Clerk and the Owner have consented to hold the special election on December 17, 2024. The San Luis Obispo County Registrar of Voters has certified that there are no registered voters within the boundaries of the territory to be annexed to the District. Following the adoption of the Resolution Calling Election, the City Clerk will conduct the election and declare the election results.

If the results of the election are in favor of the levy of special taxes within the District, the City Council may call the first reading of the Ordinance (Attachment No. 4) authorizing the levy of special taxes within the District.

Fiscal Impact
Properties within the District, including the Property if it is annexed, are subject to the proposed special tax to be collected by the County in the same manner as ad valorem property taxes, as shown in the Rate and Method of Apportionment of Special Tax attached to the Resolution. There is no termination on the special tax and no ability to prepay.

The special tax is anticipated to cover the incremental costs of providing the services described above as a result of the new development in the District and the territory to be annexed thereto. This will prevent the reduction in service to existing residents and property owners of the City.

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)
It is recommended that City Council takes the following actions:

1. Conduct a public hearing for Annexation No. 1;

2. Approve Resolution 24-XXX(A), calling for a special election of landowners to annex territory into the District;

3. Conduct the election;

4. Approve Resolution 24-XXX(B), declaring the results of the special election;

5. Introduce for first reading by title only, Ordinance XXXX, levying and apportioning special taxes in the territory annexed into the Community Facilities District No. 2022-2N.

Attachments

1. Resolution 24-XXX(A) – Calling Election Annexation No. 1 to Paso Robles CFD No. 2022-2N

2. Resolution 24-XXX(B) – Declaring Election Results Annexation No. 1 to Paso Robles CFD No. 2022-2N

3. Ordinance XXXX – Annexation No. 1 to Paso Robles CFD No. 2022-2N

Attachment 1
RESOLUTION 24-XXX(A)

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

ACTING IN ITS CAPACITY AS LEGISLATIVE BODY OF CITY OF PASO ROBLES COMMUNITY FACILITIES DISTRICT NO. 2022-2N (OLSEN/SOUTH CHANDLER RANCH - SERVICES),

COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, CALLING A SPECIAL ELECTION IN AND

SUBMITTING TO THE QUALIFIED VOTERS OF THE TERRITORY PROPOSED TO BE ANNEXED

THERETO THE QUESTION OF THE ANNUAL LEVY OF SPECIAL TAXES THEREIN TO PAY THE COST OF CERTAIN SERVICES (ANNEXATION NO. 1)
WHEREAS, on August 2, 2022, the City Council (the “City Council”) of the City of El Paso de Robles (the “City”) adopted its resolution of formation (the “Resolution of Formation”) of the City of Paso Robles Community Facilities District No. 2022-2N (Olsen/South Chandler Ranch - Services), County of San Luis Obispo, State of California (the “District”), pursuant to the MelloRoos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code (the “Act”), thereby establishing the District and the boundaries thereof; and WHEREAS, the City Council is authorized pursuant to Article 3.5 of the Act to annex territory to the District by complying with the procedures set forth in said Article 3.5; and WHEREAS, on November 5, 2024, the City Council adopted Resolution No. 24-120, a resolution of intention to annex territory to the District pursuant to Section 53339.2 of the Act, determining that the public convenience and necessity require that certain property be annexed to the District and containing all of the matters prescribed by Section 53339.3 of the Act, and fixing 6:30 p.m. on December 17, 2024, in the City Council Chambers, located at City Hall, 1000 Spring Street, Paso Robles, California, as the time and place for a hearing upon said resolution; and
WHEREAS, the City Clerk (the “City Clerk”) has advised the City Council that a statement has been received from the Registrar of Voters of the County of San Luis Obispo stating that there are no persons registered to vote in the territory to be annexed to the District; and WHEREAS, the City Clerk has published notice of the time and place of said hearing as required by Section 53339.4 of the Act; and
WHEREAS, the rate and method of apportionment of the special taxes for the District is attached hereto as Exhibit “B,” incorporated herein by this reference; and WHEREAS, the City Council is fully advised in this matter and now desires to call the special mail ballot election and submit the question of levying a special tax within the territory proposed to be annexed to the District to the qualified electors within that territory.

NOW, THEREFORE, BE IT RESOLVED AND DETERMINED BY THE CITY COUNCIL OF THE CITY OF PASO ROBLES AS FOLLOWS:

Attachment 1
Section 1. Findings. The City Council hereby finds and determines that (i) the foregoing recitals are true and correct; (ii) less than 12 persons have been registered to vote within the territory of the District for each of the 90 days preceding the close of the public hearing on December 17, 2024; (iii) pursuant to Section 53326 of the Act, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowners of the territory proposed to be annexed to the District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within said territory which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) the owner of all of the property in the territory proposed to be annexed to the District has by written consent (a) waived the conduct and time limits for holding the election called by this resolution, (b) consented to the holding of the special election on December 17, 2024, (c) waived notice and mailed notice of the time and date of the special election, and (d) waived an impartial analysis of the ballot propositions pursuant to Section 9313 or 13119 of the California Elections Code and arguments and rebuttals pursuant to Sections 9314 to 9317, inclusive, mailing of a statement pursuant to Section 9401 of that Code, and receipt of a ballot pamphlet as required by Section 3023 of that Code; and (v) the City Clerk has consented to the holding of the special election on December 17, 2024.

Section 2. Call of Election. The City Council hereby calls and schedules a special election for December 17, 2024, within and the property proposed to be annexed to the District on (i) the proposition with respect to the annual levy of special taxes within the territory proposed to be annexed to the District for the payment of the costs of the public services, as described in Exhibit C hereto and incorporated herein, to be provided within and for the benefit of the territory to be annexed to the District.

Section 3. Proposition. The proposition to be submitted to the voters of the territory to be annexed to the District at such special election shall be as follows:

Proposition A: Shall the City of Paso Robles Community Facilities District No. 2022-2N (Olsen/South Chandler Ranch - Services) (“District”) levy a special tax annually on taxable property in the territory proposed to annexed to the District as Annexation No. 1 to pay the costs of certain public services as described in Resolution No. 24-120 adopted on November 5, 2024 (the “Resolution of Intention”) at the special tax rates and pursuant to the method of apportioning the special tax set forth in the Resolution of Intention? Section 4. Conduct of Election. Except as otherwise provided in Section 5 hereof, the special election shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000) of that Code, insofar as they may be applicable.

Attachment 1
Section 5. Election Procedures. The procedures to be followed in conducting the special election on the proposition described in Section 3 above shall be as follows:
(a) Pursuant to Section 53326 of the Act, ballots for the special election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid or personal service.
(b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and in particular Division 4 (commencing with Section 4000) of that Code with respect to elections conducted by mail, and of the Act, the City Clerk shall mail or deliver to each qualified elector an official ballot in the form attached hereto as Exhibit A, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of the Resolution of Intention.
(c) The official ballot to be mailed or delivered by the City Clerk to each landownervoter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter’s land ownership within the territory to be annexed to the District.
(d) The return identification envelope to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of the declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(e) The instruction to voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 6:30 p.m. on the date of the special election; provided that

Attachment 1
if all qualified electors have voted, the election shall be closed with the concurrence of the City Clerk.
(f) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the Special Election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.

Section 6. This Resolution shall take effect immediately from and after the date of its passage and adoption.

APPROVED this 6\17th day of December, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John R. Hamon, Jr. , Mayor
ATTEST:

Melissa Boyer, City Clerk

Exhibit A

EXHIBIT A

FORM OF OFFICIAL BALLOT

SPECIAL ELECTION FOR

CITY OF PASO ROBLES
COMMUNITY FACILITIES DISTRICT NO. 2022-2N
(OLSEN/SOUTH CHANDLER RANCH - SERVICES)

COUNTY OF SAN LUIS OBISPO

STATE OF CALIFORNIA
December 17, 2024
This ballot represents __ votes.

To vote, mark a cross (+) or “X” in the voting square after the word “YES” or after the word “NO.” All marks otherwise made are forbidden.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk and obtain another.

PROPOSITION A: Shall the City of Paso Robles Community
Facilities District No. 2022-2N (Olsen/South Chandler Ranch - Services) (“District”) levy a special tax annually on taxable property in the territory proposed to annexed to the District as Annexation No. 1 to pay the costs of certain public services as described in Resolution No. 24-120 adopted on November 5, 2024 (the “Resolution of Intention”) at the special tax rates and pursuant to the method of apportioning the special tax set forth in the Resolution of Intention?
Yes
No

PROPOSITION A IS SUBJECT TO THE ACCOUNTABILITY MEASURES PRESCRIBED IN SECTION 50075 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.

Exhibit B

EXHIBIT B

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES

CITY OF PASO ROBLES
COMMUNITY FACILITIES DISTRICT NO. 2022-2N
(OLSEN/SOUTH CHANDLER RANCH - SERVICES)
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in City of Paso Robles Community Facilities District No. 2022-2N (Olsen/South Chandler Ranch - Services) (“CFD No. 2022-2N”) and collected each Fiscal Year commencing in Fiscal Year 2022-2023, in an amount determined by the Council, through the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 2022-2N, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre" or "Acreage" means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map, parcel map, condominium plan, or other recorded County parcel map.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No 2022-2N: the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2022-2N or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2022-2N for any other administrative purposes of CFD No. 2022-2N, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure, or otherwise addressing the disposition of delinquent Special Taxes.

Exhibit B
“Affordable Housing Property” means Dwelling Units, located on one or more Assessor’s Parcels for which a Building Permit for new construction was issued after January 1, 2022 and on or before May 1 of the Fiscal Year preceding the Fiscal Year for which the Special Taxes are being levied, that are subject to deed restrictions, resale or rental restrictions, and/or regulatory agreements recorded in favor of the City providing affordable housing for households with incomes below 120% of the City of Paso Robles median income, and are therefore exempt from the Special Tax. "Assessor’s Parcel" means any real property to which an Assessor’s Parcel Number is assigned as shown on an Assessor’s Parcel Map.
"Assessor’s Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that number assigned to an Assessor’s Parcel by the County for purposes of identification.
"Attached Property" means Assessor’s Parcel of Developed Property for which Building Permits were issued for construction of a residential structure consisting of two or more Dwelling Units that share common walls, including garage walls. Dwelling Units to be included in this category shall include, but not be limited to, townhomes, condominiums, triplex units, and duplex units.
“Authorized Services” means those services eligible to be funded, as defined in the Resolution of Formation and authorized to be financed by CFD No. 2022-2N pursuant to Section 53313 and Section 53313.5 of the Act. CFD No. 2022-2N shall finance Authorized Services only to the extent that they are in addition to those provided in the territory before the CFD was created and such Authorized Services may not supplant services already available within CFD No. 2022-2N when the CFD was created. "Building Permit" means the first legal document issued by the City giving official permission for the construction of a building on an Assessor’s Parcel. For purposes of this definition and application of the Special Tax, “Building Permit” may or may not include any subsequent building permits issued or changed after the first issuance, as determined by the CFD Administrator.
"CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“CFD Formation” means the date on which the Council approved documents to form CFD No. 2022-2N.
"CFD No. 2022-2N" means the City of Paso Robles Community Facilities District No. 2022-2N (Olsen/South Chandler Ranch - Services).

Exhibit B
“City” means the City of Paso Robles.
“Consumer Price Index” means, for each Fiscal Year, the Consumer Price Index published by the U.S. Bureau of Labor Statistics for All Urban Consumers in the Los Angeles – Long Beach – Anaheim Area, measured as of the month of December in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for the Los Angeles – Long Beach – Anaheim Area.
"Council" means the City Council.
"County" means the County of San Luis Obispo.
"Detached Property" means Assessor’s Parcel of Developed Property for which Building Permits have been issued for Dwelling Units that are or are expected to be (i) each located on a separate lot designated by a Final Map, and (ii) surrounded by freestanding walls and that do not share an inside wall with any other Dwelling Unit, as determined by the CFD Administrator.
"Developed Property" means, for each Fiscal Year, all Taxable Property for which a Building Permit was issued prior to May 1 of the prior Fiscal Year. “Dwelling Unit” means one residential unit of any configuration, including, but not limited to, a single-family attached or detached dwelling, condominium, mobile home, or otherwise. A casita or additional dwelling unit ("ADU") of any configuration shall not be counted as a separate dwelling unit for purposes of this Rate and Method of Apportionment.
“Exempt Welfare Exemption Property” means, for each Fiscal Year, an Assessor’s Parcel that is (a) receiving a welfare exemption under subdivision (g) of Section 214 of the California Revenue and Taxation Code (or any successor statute), as indicated in the County’s assessor’s roll finalized as of January 1 of the previous Fiscal Year, and (b) exempt from the Special Tax pursuant to Section 53340(c) of the Act. "Final Map" means (i) a final map, or portion thereof, approved by the County pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates individual lots or parcels for which Building Permits may be issued without further subdivision, or (ii) for condominiums, a final map approved by the County and a condominium plan recorded pursuant to California Civil Code Section 4285 creating such individual lots or parcels.
"Fiscal Year" means the period starting July 1 and ending on the following June 30. "Land Use Class" means any of the categories listed in Table 1 below.

Exhibit B
"Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor’s Parcel. "Non-Residential Property" means all Assessor's Parcels of Taxable Property for which a Building Permit(s) was issued for a non-residential use. The CFD Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property. “Property Owner Association” means, collectively, any property owner association or homeowners association, including any master of sub-association, created for the property in CFD No. 2022-2N.
"Property Owner Association Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 2022-2N that was owned by a Property Owner Association, as of January 1 of the prior Fiscal Year.
"Proportionately" means, for Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels of Developed Property. For Undeveloped Property, "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is equal for all Assessor’s Parcels of Undeveloped Property.
"Public Property" means, for each Fiscal Year, any property within CFD No. 2022-2N that is owned by, irrevocably offered for dedication to, or dedicated to the federal government, the State, the City, or any other public agency as of June 30 of the prior Fiscal Year; provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use. To ensure that property is classified as Public Property in the first Fiscal Year after it is acquired by, irrevocably offered for dedication to, or dedicated to a public agency, the property owner shall notify the CFD Administrator in writing of such acquisition, offer, or dedication not later than June 30 of the Fiscal Year in which the acquisition, offer, or dedication occurred. “Rate and Method of Apportionment’ means this Rate and Method of Apportionment of Special Taxes, City of Paso Robles, Community Facilities District No. 2022-2N (Olsen/South Chandler Ranch - Services).
"Reserve Fund" means a reserve fund to be used for one-time setup costs, capital replacement, and maintenance costs.
"Reserve Fund Requirement" means an amount equal to up to 100% of the anticipated annual cost of Authorized Services at buildout.
"Residential Property" means Detached Property or Attached Property. “Resolution of Formation” means the resolution adopted by the Council pursuant to Section 53325.1 of the Act, establishing CFD No. 2022-2N.

Exhibit B
"Special Tax" means a special tax levied in any Fiscal Year to pay the Special Tax Requirement.
“Special Tax Requirement” means that amount to (i) pay for Authorized Services; (ii) build up the Reserve Fund up to the Reserve Fund Requirement not to exceed in any given Fiscal Year 20% of Authorized Services; and (iii) pay Administrative Expenses; less (iv) a credit for funds available to reduce the Special Tax levy, if any, as determined by the CFD Administrator. Under no circumstances shall the Developed Property Special Tax Requirement include debt service payments for debt financings by CFD No. 2022- 2N.
"State" means the State of California.
"Taxable Property" means all of the Assessor’s Parcels within the boundaries of CFD No. 2022-2N which are not exempt from the Special Tax pursuant to law or Section G below. "Undeveloped Property" means all Assessor’s Parcels of Taxable Property which are not Developed Property, Public Property, or Property Owner’s Association Property.

B ASSIGNMENT TO LAND USE CLASSES
Each Fiscal Year, beginning with Fiscal Year 2021-2022, each Assessor’s Parcel of Taxable Property shall be classified as Developed Property, Undeveloped Property, Public Property and/or Property Owner’s Association Property.

Assessor’s Parcels of Developed Property shall further be classified as Residential Property or Non-Residential Property.

C MAXIMUM SPECIAL TAX
C.1 Developed Property
C.1.a Maximum Special Tax
The Maximum Special Tax for Fiscal Year 2022-2023 for Developed Property is shown below in Table 1.

Table 1: Maximum Special Taxes for Developed Property
Land
Use Class Description Fiscal Year 2022-2023 Maximum Special Tax 1 RESIDENTIAL PROPERTY $582 PER DWELLING UNIT
2 NON-RESIDENTIAL PROPERTY $0 PER ACRE
C.1.b Multiple Land Use Classes
In some instances, an Assessor’s Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor’s Parcel shall be the

Exhibit B
sum of the Maximum Special Tax for all Land Use Classes located on the Assessor’s Parcel. The CFD Administrator’s allocation to each Land Use Class shall be final.

C.1.c Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2023, the Maximum Special Tax for Developed Property shall be increased annually by the greater of the change in the Consumer Price Index during the 12 months prior to December of the previous Fiscal Year and two percent (2.00%), not to exceed five percent (5.00%).

C.2 Undeveloped Property
There will be no Special Tax levied on Undeveloped Property.

D ANNEXATIONS
Additional properties may be annexed into CFD No. 2022-2N from time to time. For Land Use Classes not included in the initial boundaries of CFD No. 2022-2N, a study and report describing the Authorized Services to be provided to such properties and the estimated cost of such Authorized Services shall be provided to the Council as the legislative body of the CFD No. 2022- 2N in accordance with Section 53321.5 of the Mello-Roos Act. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et. seq. will be assigned an appropriate Maximum Special Tax rate by Land Use Class as provided herein or as defined and detailed when annexed.

E APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2022-2023 and for each following Fiscal Year, the City shall levy the Special Tax as follows:

First: Determine the Special Tax Requirement and Proportionately levy the Special Tax on each Assessor’s Parcel of Developed Property until the amount levied on Developed Property is equal to the lesser of (i) the Special Tax Requirement, or (ii) 100% of the applicable Maximum Special Tax for Developed Property.

F PREPAYMENT
No prepayments of the Special Tax are permitted.

G EXEMPTIONS
No Special Tax shall be levied on (i) Assessor’s Parcels which are Public Property, Property Owner Association Property, Affordable Housing Property, or Exempt Welfare Exemption Property; (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization; (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iv) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses; or (v) Assessor’s Parcels restricted to other types of public uses determined by the Council.

Exhibit B

H APPEALS AND INTERPRETATIONS
Any taxpayer may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes.

During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the clerk of the Council, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination.

Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.

I MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2022-2N may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.

J TERM OF SPECIAL TAX
The Special Tax shall be levied in perpetuity as necessary to meet the Special Tax Requirement, unless no longer required to pay for Authorized Services as determined at the discretion of the Council.

Exhibit C

EXHIBIT C

DESCRIPTION OF SERVICES
The proposed types of public services authorized to be financed by the District include:

Roadways, signalized intersections, street lights, parks, medians and parkways, open space/slopes, park, open space/vineyards, basin, storm drains, parking spaces, sidewalks/trails, police and fire services, paramedic services, and community services, including library services, community parks, and special events, civic center maintenance, business and support services, and athletic services, and any other public services authorized by the Act.

Attachment 2
RESOLUTION 24-XXX(B)

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

ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF PASO ROBLES COMMUNITY FACILITIES DISTRICT NO. 2022-2N (OLSEN/SOUTH CHANDLER RANCH - SERVICES), COUNTY OF

SAN LUIS OBISPO, STATE OF CALIFORNIA, DECLARING THE RESULTS OF THE SPECIAL ELECTION

WITHIN TERRITORY TO BE ANNEXED THERETO AND TAKING OTHER ACTIONS RELATED THERETO (ANNEXATION NO. 1)
WHEREAS, the City Council (the “City Council”) of the City of El Paso de Robles (the “City”) has heretofore conducted proceedings under and pursuant to the terms of the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code (the “Act”) to annex certain territory to the City of Paso Robles Community Facilities District No. 2022-2N (Olsen/South Chandler Ranch - Services), County of San Luis Obispo, State of California (the “District”), including conducting a public hearing pursuant to the Act; and WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution (the “Election Resolution”) calling a special election for December 17, 2024, and submitting to the qualified electors of the territory to be annexed to the District the question of the annual levy of special taxes on taxable property within the territory to be annexed to the District which will be levied to provide the services and costs otherwise incurred in order to carry out the authorized purposes of the District (the “Election Resolution:); and
WHEREAS, a special mail-ballot election has been conducted pursuant the foregoing; and WHEREAS, pursuant to the Election Resolution, the City Clerk (the “City Clerk”) was authorized to conduct the special election and act as the election official therefor; and WHEREAS, the City Council has received a statement from the City Clerk (the “City Clerk”) with respect to the canvass of the ballots returned and the results of the special election, certifying that more than two-thirds of the votes cast upon the proposition submitted to the qualified electors in said special election were cast in favor of such propositions.

NOW, THEREFORE, BE IT RESOLVED AND DETERMINED BY THE CITY COUNCIL OF THE CITY OF El PASO DE ROBLES AS FOLLOWS:

Section 1. Findings. The above recitals are true and correct, and the City Council so finds and determines.

The City Council further finds and determines as follows:
(a) there were no persons registered to vote within the boundaries of the property to be annexed to the District at the time of the close of the protest hearing on December 17, 2024, and pursuant to Section 53326 of the California Government Code (“Section 53326”) the vote in the special election was, therefore, to be by the landowners owning land within the territory to be annexed to the District, with each landowner having one vote for each acre or portion of an acre of land that he or she owned within

Attachment 2
the territory to be annexed to the District which would have been subject to the special tax if levied at the time of the special election;
(b) pursuant to Section 53326 of the Act and the Election Resolution, the City Clerk distributed the ballot for the special election to Vinedo II, LLC (the “Property Owner”), the owner of all of the taxable property included within the boundaries of the territory to be annexed to the District by mail or personal delivery;
(c) the Property Owner waived the conduct and time limits for holding the special election and the election date pursuant to the Act, and consented to the calling and holding of the special election on December 17, 2024;
(d) the special election has been properly conducted in accordance with all statutory requirements and the provisions of the Election Resolution; (e) pursuant to the Act, the Property Owner, which owns approximately 8.62 taxable acres to be annexed to the District, was entitled to a total of 9 votes; (f) the ballot was returned by the Property Owner to the City Clerk prior to the hour on the date of the election specified by the City Council for the return of voted ballot; (g) the ballot returned to the City Clerk by the Property Owner voted all votes to which it was entitled in favor of the propositions set forth therein; (h) at least two-thirds of the votes cast in the special election on the propositions were cast in favor thereof and, pursuant to Sections 53328, 53329 and 53355 of the Act, such propositions carried; (i) pursuant to Section 53339.8 of the Act, the City Council is authorized to determine that the territory to be annexed has been added to and become a part of the District with full legal effect; and (j) the City Council is also authorized, pursuant to Section 53339.8 of the Act, to annually levy special taxes within the territory to be annexed to the District to pay the costs of the services to be provided by the District.

Section 2. Declaration of Results. All votes voted in the special election on the propositions of the annual levy of special taxes on taxable property within the territory to be annexed to the District to pay the costs of the services to be provided by the District were voted in favor thereof, and such propositions carried.

Section 3. Effect of Election. The effect of the results of the special election, as specified in Section 2 hereof, is that the City Council, as the legislative body of the District, is authorized to annually levy special taxes on taxable property within the territory to be annexed to the District in an amount sufficient to pay the costs of the services to be provided by the District at the special tax rates and pursuant to the methodology for determining and apportioning such special taxes which are set forth in Resolution No. 24- 120 adopted by the City Council on November 5, 2024 (the “Resolution of Intention”).

Attachment 2
Section 4. Annexation. The territory is hereby annexed and added to and is a part of the District with full legal effect, and the City Council shall annually levy special taxes within said territory at the rates as specified in the Resolution of Intention, to pay costs of certain services to be provided by the District. The boundaries of said territory are shown on the map entitled, “Annexation Map No. 1 to City of Paso Robles Community Facilities District No. 2022-2N (Olsen/South Chandler Ranch - Services), County of San Luis Obispo, State of California,” which was recorded in the office of the County Recorder of the County of San Luis Obispo.

Section 5. Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Act and Section 3117.5 of the California Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of San Luis Obispo an amendment of the notice of special tax lien and a map of the amended boundaries of the District to include the annexed territory.

Section 6. Entry of Election Results in the Minutes. The City Clerk is hereby directed, pursuant to the provisions of the Elections Code of the State of California, to enter in the minutes the results of the election as set forth in the certificate of the election official.

Section 7. Certification. The City Clerk shall certify the passage and adoption of this Resolution.

Section 8. Effective Date. This Resolution shall become effective immediately following its adoption.

APPROVED this 17th day of December, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John R. Hamon, Jr. , Mayor
ATTEST:

Melissa Boyer, City Clerk

Attachment 3
ORDINANCE XXXX N.S.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF PASO ROBLES COMMUNITY FACILITIES DISTRICT NO. 2022-2N (OLSEN/SOUTH CHANDLER RANCH - SERVICES), COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA,

AUTHORIZING THE LEVY OF SPECIAL TAXES IN SAID COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO. 1 WHEREAS, the City Council (the “City Council”) of the City of El Paso de Robles (the “City”) has established the City of Paso Robles Community Facilities District No. 2022-2N (Olsen/South Chandler Ranch - Services) (the “District”) for the purpose of levying special taxes on parcels of taxable property therein for providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and
WHEREAS, the City has conducted proceedings to annex territory into the District and, with respect to the proceedings, following an election of the qualified electors in the territory proposed for annexation (the “Annexation Territory”) known as Annexation No. 1, the City Council, on December 17, 2024, adopted a resolution which declared the results of the special election and determined that the territory proposed to be annexed is added to and part of the District.

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

Section 1. The above recitals are true and correct. This City Council does, by the passage of this ordinance, authorize the levy of special taxes on taxable properties located in the District, including the Annexation Territory, pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982” (the “Act”) and pursuant to the Rate and Method of Apportionment as set forth in Appendix “A” attached hereto and incorporated herein by this reference (the “Rate and Method”).

Section 2. This City Council, acting as the legislative body of the District, is hereby further authorized to annually determine, by resolution, the special tax to be levied within the District, including the Annexation Territory, for the current tax year and all future tax years; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the Rate and Method. The special tax has previously been levied in the original territory of the District pursuant to Ordinance No. 1121 passed and adopted by the City Council on August 16, 2022, and the special tax is hereby levied in the District, including the Annexation Territory, in this fiscal year and each fiscal year hereafter to pay for the services for the District and the costs of administering the District
Section 3. The special taxes herein authorized to be levied, to the extent possible, shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations.

Section 4. The special taxes authorized to be levied shall be secured by the lien imposed pursuant to Section 3114.5 and 3115.5 of the California Streets and Highways Code, which lien shall be a continuing lien and shall secure each levy of the special taxes. The lien of the special tax shall continue in force and effect until the special tax obligation is canceled in accordance with law or until the special tax ceases to be levied by the City Council.

Section 5. The City Manager or designee or a special tax consultant of the City is hereby authorized and directed each fiscal year to determine the specific special tax to be levied for the next ensuing fiscal year for each parcel of real property within the District, including the Annexation Territory, in the manner and as provided in the Rate and Method. The City Manager or designee is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of San Luis Obispo (“County”) in order to effect proper billing and collection of the special tax, so that the special tax shall be included on the secured property tax roll of the County for each fiscal year hereafter until no longer required to pay for the services or until otherwise terminated by the City.

Section 6. If for any reason any portion of this Ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District, including the Annexation Territory, by a court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within the District, including the Annexation Territory, shall not be affected.

Section 7. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance, or a summary of it, to be published in a newspaper of general circulation in the City.Introduced at a regular meeting of the City Council held on December 17, 2024, and passed and adopted by the City Council of the City of El Paso de Robles on the ____ day of January, 2025 by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_____________________________________
John R. Hamon, Jr., Mayor
ATTEST:
__________________________________________
Melissa Boyer, City Clerk

Attachment 3

APPENDIX A

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES

CITY OF PASO ROBLES
COMMUNITY FACILITIES DISTRICT NO. 2022-2N
(OLSEN/SOUTH CHANDLER RANCH - SERVICES)
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in City of Paso Robles Community Facilities District No. 2022-2N (Olsen/South Chandler Ranch - Services) ("CFD No. 2022-2N") and collected each Fiscal Year commencing in Fiscal Year 2022-2023, in an amount determined by the Council, through the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 2022-2N, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre" or "Acreage" means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map, parcel map, condominium plan, or other recorded County parcel map. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, of Part 1 of Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No 2022-2N: the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2022-2N or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees and third party expenses.

Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2022-2N for any other administrative purposes of CFD No. 2022-2N, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure, or otherwise addressing the disposition of delinquent Special Taxes. “Affordable Housing Property” means Dwelling Units, located on one or more Assessor’s Parcels for which a Building Permit for new construction was issued after January 1, 2022 and on or before May 1 of the Fiscal Year preceding the Fiscal Year for which the Special Taxes are being levied, that are subject to deed restrictions, resale or rental restrictions, and/or regulatory agreements recorded in favor of the City providing affordable housing for households with incomes below 120% of the City of Paso Robles median income, and are therefore exempt from the Special Tax. "Assessor’s Parcel" means any real property to which an Assessor’s Parcel Number is assigned as shown on an Assessor’s Parcel Map.
"Assessor’s Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor’s Parcel Number.

“Assessor’s Parcel Number” means that number assigned to an Assessor’s Parcel by the County for purposes of identification.
"Attached Property" means Assessor’s Parcel of Developed Property for which Building Permits were issued for construction of a residential structure consisting of two or more Dwelling Units that share common walls, including garage walls. Dwelling Units to be included in this category shall include, but not be limited to, townhomes, condominiums, triplex units, and duplex units. “Authorized Services” means those services eligible to be funded, as defined in the Resolution of Formation and authorized to be financed by CFD No. 2022-2N pursuant to Section 53313 and Section 53313.5 of the Act. CFD No. 2022-2N shall finance Authorized Services only to the extent that they are in addition to those provided in the territory before the CFD was created and such Authorized Services may not supplant services already available within CFD No. 2022-2N when the CFD was created.
"Building Permit" means the first legal document issued by the City giving official permission for the construction of a building on an Assessor’s Parcel. For purposes of this definition and application of the Special Tax, “Building Permit” may or may not include any subsequent building permits issued or changed after the first issuance, as determined by the CFD Administrator. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. “CFD Formation” means the date on which the Council approved documents to form CFD No. 2022- 2N.
"CFD No. 2022-2N" means the City of Paso Robles Community Facilities District No. 2022-2N (Olsen/South Chandler Ranch - Services).
“City” means the City of Paso Robles.
“Consumer Price Index” means, for each Fiscal Year, the Consumer Price Index published by the U.S.

Bureau of Labor Statistics for All Urban Consumers in the Los Angeles – Long Beach – Anaheim Area, measured as of the month of December in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for the Los Angeles – Long Beach – Anaheim Area.
"Council" means the City Council.
"County" means the County of San Luis Obispo.
"Detached Property" means Assessor’s Parcel of Developed Property for which Building Permits have been issued for Dwelling Units that are or are expected to be (i) each located on a separate lot designated by a Final Map, and (ii) surrounded by freestanding walls and that do not share an inside wall with any other Dwelling Unit, as determined by the CFD Administrator. "Developed Property" means, for each Fiscal Year, all Taxable Property for which a Building Permit was issued prior to May 1 of the prior Fiscal Year.

“Dwelling Unit” means one residential unit of any configuration, including, but not limited to, a single-family attached or detached dwelling, condominium, mobile home, or otherwise. A casita or additional dwelling unit ("ADU") of any configuration shall not be counted as a separate dwelling unit for purposes of this Rate and Method of Apportionment. “Exempt Welfare Exemption Property” means, for each Fiscal Year, an Assessor’s Parcel that is (a) receiving a welfare exemption under subdivision (g) of Section 214 of the California Revenue and Taxation Code (or any successor statute), as indicated in the County’s assessor’s roll finalized as of January 1 of the previous Fiscal Year, and (b) exempt from the Special Tax pursuant to Section 53340(c) of the Act.
"Final Map" means (i) a final map, or portion thereof, approved by the County pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates individual lots or parcels for which Building Permits may be issued without further subdivision, or (ii) for condominiums, a final map approved by the County and a condominium plan recorded pursuant to California Civil Code Section 4285 creating such individual lots or parcels. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Land Use Class" means any of the categories listed in Table 1 below. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor’s Parcel. "Non-Residential Property" means all Assessor's Parcels of Taxable Property for which a Building Permit(s) was issued for a non-residential use. The CFD Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property.
“Property Owner Association” means, collectively, any property owner association or homeowners association, including any master of sub-association, created for the property in CFD No. 2022-2N. "Property Owner Association Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 2022-2N that was owned by a Property Owner Association, as of January 1 of the prior Fiscal Year.
"Proportionately" means, for Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels of Developed Property. For Undeveloped Property, "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is equal for all Assessor’s Parcels of Undeveloped Property. "Public Property" means, for each Fiscal Year, any property within CFD No. 2022-2N that is owned by, irrevocably offered for dedication to, or dedicated to the federal government, the State, the City, or any other public agency as of June 30 of the prior Fiscal Year; provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use. To ensure that property is classified as Public Property in the first Fiscal Year after it is acquired by, irrevocably offered for dedication to, or dedicated to a public agency, the property owner shall notify the CFD Administrator in writing of such acquisition, offer, or dedication not later than June 30 of the Fiscal Year in which the acquisition, offer, or dedication occurred.

“Rate and Method of Apportionment’ means this Rate and Method of Apportionment of Special Taxes, City of Paso Robles, Community Facilities District No. 2022-2N (Olsen/South Chandler Ranch - Services).
"Reserve Fund" means a reserve fund to be used for one-time setup costs, capital replacement, and maintenance costs.
"Reserve Fund Requirement" means an amount equal to up to 100% of the anticipated annual cost of Authorized Services at buildout.
"Residential Property" means Detached Property or Attached Property. “Resolution of Formation” means the resolution adopted by the Council pursuant to Section 53325.1 of the Act, establishing CFD No. 2022-2N.
"Special Tax" means a special tax levied in any Fiscal Year to pay the Special Tax Requirement. “Special Tax Requirement” means that amount to (i) pay for Authorized Services; (ii) build up the Reserve Fund up to the Reserve Fund Requirement not to exceed in any given Fiscal Year 20% of Authorized Services; and (iii) pay Administrative Expenses; less (iv) a credit for funds available to reduce the Special Tax levy, if any, as determined by the CFD Administrator. Under no circumstances shall the Developed Property Special Tax Requirement include debt service payments for debt financings by CFD No. 2022-2N.
"State" means the State of California.
"Taxable Property" means all of the Assessor’s Parcels within the boundaries of CFD No. 2022-2N which are not exempt from the Special Tax pursuant to law or Section G below. "Undeveloped Property" means all Assessor’s Parcels of Taxable Property which are not Developed Property, Public Property, or Property Owner’s Association Property.

B ASSIGNMENT TO LAND USE CLASSES
Each Fiscal Year, beginning with Fiscal Year 2021-2022, each Assessor’s Parcel of Taxable Property shall be classified as Developed Property, Undeveloped Property, Public Property and/or Property Owner’s Association Property.

Assessor’s Parcels of Developed Property shall further be classified as Residential Property or NonResidential Property.

C MAXIMUM SPECIAL TAX
C.1 Developed Property
C.1.a Maximum Special Tax
The Maximum Special Tax for Fiscal Year 2022-2023 for Developed Property is shown below in Table

1.

Table 1: Maximum Special Taxes for Developed Property
Land Use
Class Description Fiscal Year 2022-2023 Maximum Special Tax 1 RESIDENTIAL PROPERTY $582 PER DWELLING UNIT
2 NON-RESIDENTIAL PROPERTY $0 PER ACRE
C.1.b Multiple Land Use Classes
In some instances, an Assessor’s Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax for all Land Use Classes located on the Assessor’s Parcel. The CFD Administrator’s allocation to each Land Use Class shall be final.

C.1.c Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2023, the Maximum Special Tax for Developed Property shall be increased annually by the greater of the change in the Consumer Price Index during the 12 months prior to December of the previous Fiscal Year and two percent (2.00%), not to exceed five percent (5.00%).

C.2 Undeveloped Property
There will be no Special Tax levied on Undeveloped Property.

D ANNEXATIONS
Additional properties may be annexed into CFD No. 2022-2N from time to time. For Land Use Classes not included in the initial boundaries of CFD No. 2022-2N, a study and report describing the Authorized Services to be provided to such properties and the estimated cost of such Authorized Services shall be provided to the Council as the legislative body of the CFD No. 2022-2N in accordance with Section 53321.5 of the Mello-Roos Act. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et. seq. will be assigned an appropriate Maximum Special Tax rate by Land Use Class as provided herein or as defined and detailed when annexed.

E APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2022-2023 and for each following Fiscal Year, the City shall levy the Special Tax as follows:

First: Determine the Special Tax Requirement and Proportionately levy the Special Tax on each Assessor’s Parcel of Developed Property until the amount levied on Developed Property is equal to the lesser of (i) the Special Tax Requirement, or (ii) 100% of the applicable Maximum Special Tax for Developed Property.

F PREPAYMENT
No prepayments of the Special Tax are permitted.

G EXEMPTIONS
No Special Tax shall be levied on (i) Assessor’s Parcels which are Public Property, Property Owner Association Property, Affordable Housing Property, or Exempt Welfare Exemption Property; (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization; (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iv) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses; or (v) Assessor’s Parcels restricted to other types of public uses determined by the Council.

H APPEALS AND INTERPRETATIONS
Any taxpayer may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the clerk of the Council, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination.

Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.

I MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2022-2N may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.

J TERM OF SPECIAL TAX
The Special Tax shall be levied in perpetuity as necessary to meet the Special Tax Requirement, unless no longer required to pay for Authorized Services as determined at the discretion of the Council.

Council Agenda Report
From: Adam Spaulding, Solid Waste & Recycling Manager
Subject: Approval of Agreement with Department of Resources Recycling and Recovery (CalRecycle) for Financial Assurance for Postclosure Maintenance and Corrective Action of the City Landfill
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: December 17, 2024
Facts

1. State regulations require landfill operators, such as the City, to set aside funds each year to fund the eventual closure of the landfill, post-closure monitoring costs, and any corrective action or maintenance that may be required after the closure of the landfill.

2. Closure, post-closure and corrective action care costs include, but are not limited to, final cover, groundwater monitoring, well installations and landfill gas monitoring systems.

3. The funding for these activities must be completed prior to the final date of closure because there is no longer a revenue source to fund these activities after closure. It is currently estimated that the landfill will reach its maximum capacity in 2070.

4. On June 30, 2024, the City’s Closure, Postclosure, and Corrective Action Fund had approximately $5 million in fund reserves to meet this state requirement.

5. The City has been undertaking various engineering and design activities to begin the partial final closure of the south third of the City Landfill. These partial final closure activities are an eligible use of the Closure, Postclosure, and Corrective Action Fund.

6. Today, the City maintains one account for all three activities. A “Pledge of Revenue” Agreement would establish two distinct accounts: one for closure activities and another for post-closure and corrective action activities.

7. By establishing two distinct accounts, not only is the City is able to utilize these funds for immediate closure related capital projects, but the current set aside amount can solely go into the closure account first, while “pledging” future revenues to the post-closure and corrective action account after closure costs are fully funded.

8. The City is required to enter into a formal agreement with CalRecycle to ensure that the City is committed to funding post-closure and corrective action costs in the future.

Options

1. Take no action;

2. Authorize the City Manager to enter into a formal agreement with CalRecycle confirming the City’s pledge of revenue, thereby allowing the Landfill access to more closure funds to begin partial final closure at the Paso Robles Landfill;

3. Provide alternative direction to staff.

Analysis and Conclusions
The City is required to set funds aside each year for the eventual closure, post-closure and/or corrective action that may occur after the closure of the landfill. The City meets this requirement by transferring funds to its Closure, Postclosure, and Corrective Action Fund each year. Prior to FY 2024-25, this set aside amount was approximately $180,000 per year; for FY 2024-25 and 2025-26, the amount increased to $250,000 per year. The minimum required set aside amount, in accordance with CalRecycle, is determined by calculating estimated closure, post-closure and corrective action costs and multiplying it by the current filled capacity of the landfill. On June 30, 2024, the minimum funding requirement was calculated as follows:

Closure
PostClosureCorrective
Action Total
Total Estimated Costs (2024) 7,387,893 5,905,629 190,321 13,483,843 Total Landfill Capacity Filled 36.04% 36.04% 36.04% 36.04% Minimum Required Set-Aside 2,662,597 2,128,389 68,592 4,859,578 Entering into a Pledge of Revenue Agreement, it would transfer the $2,128,389 from the post-closure and $68,592 from the corrective action account and to the closure account. This would allow the City to move forward with critical improvements necessary for partial final closure of the south third of the landfill.

Partial final closure refers to closing landfill in phases over time as the capacity of the landfill is depleted.

Through this action, staff is recommending overfunding the closure fund and underfunding the other two funds. As soon as the closure costs commitments have been fully funded (or expended), set-aside amounts will then fund the post-closure and corrective action activities. Because of this “underfunding”, CalRecycle requires the City to enter into this Pledge of Revenue Agreement.

Fiscal Impact
There are no additional fiscal impactsto the Solid Waste Enterprise Fund. Currently, $250,000 of revenues generated in the Solid Waste Enterprise Fund go to the Closure, Postclosure, and Corrective Action Fund to fund closure and post-closure activities. That amount will not change by this action. However, the $250,000 will fund the closure account first (be made available for current closure costs) then followed by post-closure and corrective action funding.

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)
Approve Resolution 24-XXX, authorizing the City Manager to enter into an agreement with the California Department of Resources Recycling and Recovery Agreement (CalRecycle) confirming the City’s pledge of financial assurance for post-closure and corrective action activities.

Attachments

1. Resolution 24-XXX – Financial Assurance for Landfill Postclosure and Corrective Action

Attachment 1
RESOLUTION 24-XXX

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

APPROVING ENTERING INTO AN AGREEMENT WITH CAL RECYCLE AND ESTABLISHING FINANCIAL

ASSURANCE FOR POSTCLOSURE MAINTENANCE AND CORRECTIVE ACTION OF THE CITY OF EL PASO DE

ROBLES LANDFILL
WHEREAS, Public Resources Code sections 43500 through 43610.1 and Title 27, California Code of Regulations (Regulations), Division 2, Subdivision 1, Chapter 6, require operators of solid waste landfills to demonstrate the availability of financial resources to conduct closure, postclosure maintenance, and corrective action activities; and
WHEREAS, sections 22228 and 22245 of the Regulations specify a Pledge of Revenue as an acceptable mechanism to demonstrate financial responsibility for financing postclosure maintenance and/or corrective action costs of a solid waste landfill; and
WHEREAS, The City of El Paso de Robles operates the Paso Robles Landfill, a solid waste landfill, in conformance with the findings, conditions, prohibitions and requirements contained in Solid Waste Facilities Permit No. 40-AA-0001 issued by, the California Department of Resources Recycling and Recovery (CalRecycle); and
WHEREAS, The City of El Paso de Robles shall establish a Pledge of Revenue to demonstrate financial responsibility for postclosure maintenance and corrective action of the Paso Robles Landfill in accordance with sections 22228 and 22245 of the Regulations; and
WHEREAS, disbursement of funds for postclosure maintenance and corrective action shall be in accordance with the final postclosure maintenance and corrective action plan, as approved by CalRecycle; and
WHEREAS, The Solid Waste & Recycling Manager is directed to produce an Annual Certification Report (form CalRecycle 114) as required by Section 22233(b)(4)(B) of the Regulations to demonstrate that the pledged revenue continues to be available when needed and will cover the cost estimates identified in the updated Annual Inflation Report required by Section 22236 of the Regulations. It is understood that copies of the Resolution and Pledge of Revenue Agreement are not required annually, unless amended.

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

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

Section 2. City Council authorized the City Manager to enter into a format agreement with CalRecycle confirming the City’s Pledge of Financial Assurance.

APPROVED this 17th day of December, 2024, by the following vote:

Attachment 1
AYES:

NOES:

ABSENT:

ABSTAIN:

John R. Hamon, Jr.

ATTEST:

Melissa Boyer, City Clerk

Council Agenda Report
From: Freda Berman, Public Works Director
Subject: Approval of a Change Order to the Design Contract for a New Corporation Yard CEQA Determination: The City finds that this action is consistent with the previously certified Mitigated Negative Declaration for the Union Road Safety Training Center and therefore no additional review is required under the California Environmental Quality Act.

Date: December 17, 2024
Facts

1. The City’s Corporation Yard, located at 625 Riverside Avenue, is the headquarters for the Landscape, Facilities and Fleet Maintenance Divisions. In 2018, the property was sold for approximately $1.7 million. The City has been leasing the site since the sale.

2. The new Corporation Yard is to be located adjacent to Fire Station No. 3 and the future Union Road Safety Training Center at 2924 Union Road. The site will house Landscape, Facilities and Fleet Maintenance personnel and Utilities Department administrative and engineering staff.

3. Pursuant to the Statutes and Guidelines of the California Environmental Quality Act (CEQA), Public Resources Code, Section 21000, et seq., and the City’s Procedures for Implementing CEQA, and Initial Study and a Draft Mitigated Negative Declaration (MND) was prepared and circulated for the property as part of the Union Road Safety Training Center Project, the same property where the new Corporation Yard will be located. Mitigation measures have been incorporated into the MND and will be imposed on the Corporation Yard project through adoption of a Mitigation Monitoring and Reporting Program in compliance with CEQA Guideline 15074(d).

4. On June 7, 2022, City Council awarded a contract for architecture and engineering design services for a new City Corporation Yard to Omni Design Incorporated in the amount of $899,453.

5. The originally envisioned design of the new Corporation Yard included one very large building housing all Maintenance Division staff. After a significant programming effort, including consideration of the overall City space needs over the next 10 years, the current design includes three buildings: a structure housing Landscape and Facilities staff; a Fleet Maintenance Shop; and a standalone Utilities Department building.

6. On August 27, 2024, the Planning Commission approved the planned development of the new Corporation Yard as depicted in Attachment 3.

7. Omni Design Incorporated has submitted a change order request totaling $159,037 to complete the contracted work. The revised total contract amount is $1,058,490.

Options

1. Take no action;

2. Approve a change order for $159,037 to the existing contract with Omni Design Incorporated for architecture and engineering design services for a new City Corporation Yard; or

3. Provide alternative direction to staff.

Analysis and Conclusions
In the two-and-a-half years since the project was initiated, the scope has increased significantly. One building has become three with the associated increase in architectural design, structural engineering, mechanical engineering and electrical engineering work. The increase in scope coupled with higher professional services costs spurred the request for a change order.

The new Corporation Yard has been designed to meet the needs of the Maintenance Services Division and Utilities Department for the foreseeable future. Staffing projections as well as maintenance equipment and vehicle needs have been incorporated into a facility design that will function efficiently and enable staff to serve the City in the most productive manner.

In addition to pursuing a new corporation yard, the City is also working on several other space related projects, including a remodel of City Hall and relocation of certain staff to the City-owned Second Wind Way property near the airport. As part of this item, staff will provide updates on those projects.

Fiscal Impact
Current estimates for development of a new City Corporation Yard, including this design change order, total just over $15 million. Currently, the Capital Improvement Program (CIP) Fund has allocated sufficient funds to cover the cost of this change order, however, once final design has been completed, the project budget will be reevaluated should updated estimate construction costs exceed current appropriations.

CEQA
The City finds that this action is consistent with the previously certified Mitigated Negative Declaration for the Union Road Safety Training Center and therefore no additional review is required under the California Environmental Quality Act.

Recommendation
Approve Resolution 24-XXX authorizing the City Manager to execute a Change Order to the existing contract with Omni Design Incorporated in the amount of $159,037 bringing the total contract to $1,058,490 with the City Manager and City Attorney making minor, technical and non-substantive changes as necessary, consistent with Council’s overall intent and finding that this action is consistent with the previously certified Mitigated Negative Declaration for the Union Road Safety Training Center and no additional CEQA review is required.

Attachments

1. Resolution 24-XXX – Approval of Change Order

2. Change Order Request – Omni Design Incorporated

3. Corporation Yard Site Plan

Attachment 1
RESOLUTION 24-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES APPROVING A CHANGE ORDER TO THE DESIGN CONTRACT WITH OMNI DESIGN INC. IN THE AMOUNT OF $159,037 FOR THE NEW CORPORATION YARD AND FINDING THAT THIS ACTION IS

CONSISTENT WITH THE PREVIOUSLY CERTIFIED MITIGATED NEGATIVE DECLARATION FOR THE

UNION ROAD SAFETY TRAINING CENTER AND NO ADDITIONAL CEQA REVIEW IS REQUIRED WHEREAS, the City’s Corporation Yard, located at 625 Riverside Avenue and housing Landscape, Facilities and Fleet Maintenance was sold in 2018 for approximately $1.7 million and leased back since that time; and
WHEREAS, the new Corporation Yard is to be located adjacent to Fire Station No. 3 and the future Union Road Safety Training Center at 2924 Union Road and will house Landscape, Facilities and Fleet Maintenance personnel and Utilities Department administrative and engineering staff; and WHEREAS, on June 7, 2022, City Council awarded a contract for architecture and engineering design services for a new City Corporation Yard to Omni Design Incorporated in the amount of $899,453; and WHEREAS, after completing programming of the facility, the current design includes three buildings as opposed to the originally envisioned one; and
WHEREAS, on August 27, 2024, the Planning Commission approved the planned development of the new Corporation Yard to include three separate buildings: a structure housing Landscape and Facilities staff; a Fleet Maintenance Shop; and a standalone Utilities Department; and WHEREAS, pursuant to the Statutes and Guidelines of the California Environmental Quality Act (CEQA), Public Resources Code, Section 21000, et seq., and the City’s Procedures for Implementing CEQA, and Initial Study and a Draft Mitigated Negative Declaration (MND) was prepared and circulated for the property as part of the Union Road Safety Training Center Project, the same property where the new Corporation Yard will be located. Mitigation measures have been incorporated into the MND and will be imposed on the Corporation Yard project through adoption of a Mitigation Monitoring and Reporting Program in compliance with CEQA Guideline 15074(d); and WHEREAS, the scope increase has necessitated an increase in architectural design, structural engineering, mechanical engineering and electrical engineering work; and WHEREAS, Omni Design Incorporated submitted a change order request in the amount of $159,037 bringing the total design contract amount to $1,058,490.

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

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

Section 2. The City Council hereby approves a change order to Omni Design Incorporated in the amount of $159,037 to their design contract for a new City Corporation Yard bringing the total contract amount to $1,058,490 and authorizes the City Manager to execute the change order,

subject to any minor, technical, or non-substantive changes as approved by the City Manager and the City Attorney.

Section 3. Pursuant to the Statutes and Guidelines of the California Environmental Quality Act (CEQA), Public Resources Code, Section 21000, et seq., and the City’s Procedures for Implementing CEQA, and Initial Study and a Draft Mitigated Negative Declaration (MND) was prepared and circulated for the property as part of the Union Road Safety Training Center Project, the same property where the new Corporation Yard will be located. Mitigation measures have been incorporated into the MND and will be imposed on the Corporation Yard project through adoption of a Mitigation Monitoring and Reporting Program in compliance with CEQA Guideline 15074(d) and therefore no additional CEQA review is required.

APPROVED this 17th day of December, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John R. Hamon, Jr., Mayor
ATTEST:

Melissa Boyer, City Clerk

Attachment 2

Attachment 3

Council Agenda Report
From: Warren Frace, Community Development Director
Subject: Approval of Final Map Tract 3149 For Recordation, Vinedo Planning Area 9 (Olsen – South Chandler Specific Plan PA-9)
CEQA Determination: The City finds that a Final Environmental Impact Report (EIR) was previously prepared for the Olsen South Chandler Specific Plan. The proposed Vesting Final Map does not require additional review under CEQA pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15162 and 15182 (no subsequent or supplemental EIR is required, because no “substantial changes” to the project or to the circumstances under which the project was undertaken are proposed, and there are no “new significant environmental effects” or a “substantial increase in the severity of previously identified significant effects” under the existing EIR).

Date: December 17, 2024
Facts

1. The Olsen South Chandler Specific Plan (SP) (also referred to as “Vinedo”) was approved by the City Council on February 20, 2020. The SP document can be found at this link. The intent of the SP is to serve as a comprehensive guide to development of the 358-acre, 1,293 residential unit specific plan area, located on the southeast side of the City, adjacent to unincorporated San Luis Obispo County land.

2. Vesting Tentative Tract Map (VTTM) 3149 was approved as part of the SP approvals and subsequently amended to address minor boundary issues. VTTM 3149 subdivided the planning area to accommodate the 112 planned residential units.

3. Since the approval of VTTM 3149, the owners (Fuentez Family Trust, Hastings Trust, BLB Family Trust, Beckham Trust, Shannon and Holland) have sold their interests to Vinedo II, LLC (STG Capital Partners).

4. STG Capital Partners has submitted a signed “Agreement Affecting Real Property – Right of Way Dedication” (STG Agreement) which is replacing the similar agreement entered into with the prior owners (Fuentez Family LLC, a California Limited Liability Company, Steven C. Meixner, an unmarried man, Thomas Newlin Hastings Jr. and Elizabeth S. Hastings, Trustees of the Hastings Family Trust Dated July 4, 2000, Bryan N. Beckham and Louise Spadia Beckham, Trustee of the BLB Family Trust Dated December 25, 1999, Paul Shannon and Kenna Shannon, Husband and Wife as Joint Tenants, and Corban Holland and Ann Holland, Husband and Wife as Joint Tenants, all as Tenants in Common).

5. The City Council approved amended VTTM 3149 for PA-9 on November 5, 2024.

6. STG Capital Partners has submitted a signed Subdivision Improvement Agreement (SIA) and valid Financial Assurances to guarantee construction of Public Improvements required by the Planning Commission’s approval.

7. The formation of Community Facility District for services is required in connection with this project, and the Community Facility District has been established accordingly. The new lots created by this map will be subject to these Community Facility Districts based upon separate actions by the City Council.

8. A portion of the entrance road, and the northerly 30 feet of Linne road and the 6-foot Public Utility Easement along Linne Road, shown on the map, are being abandoned in accordance with government code section 66434(g) with the filing of this map as the right of way is no longer needed, which was previously approved by the City Council at the time of the original entitlements.

9. The temporary public utility easement per doc. no. 2024-013766 within the distinct boundaries of this map, is being abandoned in accordance with government code section 66434(g). with the filing of this map as the easement area is no longer needed, which was previously approved by the Council at the time of the original entitlements.

10. The City Engineer reviewed the conditions of approval for Final Map 3149, and associated documents, to determine compliance with the same. The City Engineer is recommending approval of Final Map 3149 for recordation based on the Project’s compliance with the Conditions of Approval.

11. The City Attorney has reviewed the Subdivision Improvement Agreement, Financial Assurances, CCRs, and HOA document, and has determined that they are satisfactory.

12. The Acting City Surveyor reviewed Final Map 3149 and has determined that the Map complies with the applicable provisions of the Subdivision Map Act and has determined the Map is Technically Correct.

13. All the conditions of approval and environmental mitigation measures outlined in City Council Res. 20-034 will remain in effect for VTTM 3149 amendment.

Options

1. Approve Final Map Tract 3149 and direct the City Clerk to indicate Council’s approval on the map; Direct the City Manager to sign a Subdivision Improvement Agreement, the STG Agreement , recind the “Agreement Affecting Real Property – Right of Way Dedication Agreement” with the Fuentez Family LLC, a California Limited Liability Company, Steven C. Meixner, an unmarried man, Thomas Newlin Hastings Jr. and Elizabeth S. Hastings, Trustees of the Hastings Family Trust Dated July 4, 2000, Bryan N. Beckham and Louise Spadia Beckham, Trustee of the BLB Family Trust Dated December 25, 1999, Paul Shannon and Kenna Shannon, Husband and Wife as Joint Tenants, and Corban Holland and Ann Holland, Husband and Wife as Joint Tenants, all as Tenants in Common; subject to editorial revisions by the City Attorney; and direct the City Engineer to record the Final Map 3149 and required agreements, documents, and easements.

2. Refer the Final Map 3149 back to staff with specific directions for further consideration.

3. Provide alternative direction to staff.

Analysis and Conclusions
Planning Area 9 is part of the Olsen South Chandler Specific Plan, as shown on Attachment 1. Final Map 3149 subdivides Planning Area 9 and is included as Attachment 2. The Planning Area 9 Final Map subdivides one parcel into 112 residential lots and 11 additional streets and common area lots for a total of 123 lots. The Applicant is requesting that Final Map 3149 be recorded so they can move forward with housing construction.

November 5, 2024 Amended Vesting Tentative Tract Map
The Applicant must demonstrate compliance with the project’s conditions of approval to record the Final Map. The conditions of approval include construction of water, recycled water, and sewer improvements, an offsite sewer easement dedication, and submittal of CC&R and future Homeowners Association documents. The City Engineer and City Surveyor have reviewed the Final Map and have determined that it is technically correct and ready to record pending the following:

Subdivision Improvement Agreement
The Applicant is required to install water, recycled water, sewer, tract, and frontage improvements as part of the conditions of approval. The Applicant is requesting that they be allowed to sign a Subdivision Improvement Agreement in lieu of installing the improvements prior to Final Map recordation. This is allowed per City Code and the Subdivision Map Act. The Applicant has reviewed the Subdivision Improvement Agreement and agrees with the terms. The Applicant-signed Subdivision Improvement Agreement is included as Exhibit A in Attachment 3. Subdivision Improvement Agreements include financial securities that ensure frontage improvements are completed if the project is abandoned. The Applicant is proposing to use Bonds as the financial security. The City Attorney has reviewed the bonds and determined they meet the City’s Municipal Code Requirements.

Community Facilities District
Community Facilities Districts (CFD) 2022-2N (Services) were formed in August 2022. The parcels being subdivided are being annexed into the CFD area; therefore, the new parcels will automatically be subject to the requirements of the CFD. Community Facilities District 2022-2N is established to pay for maintenance of services including roads, parks, open space, emergency, and community services.

Fiscal Impact
There is no fiscal impact related to this action. The project is reimbursing the City for all costs associated with the Map recordation and the project is included in the Community Facility Districts for maintenance, which will pay for City infrastructure maintenance and services.

CEQA
A Final Environmental Impact Report (EIR) was previously prepared for the Olsen South Chandler Specific Plan. The proposed Final Tract Map does not require additional review under CEQA pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15162 and 15182 (no subsequent or supplemental EIR is required, because no “substantial changes” to the project or to the circumstances under which the project was undertaken are proposed, and there are no “new significant environmental effects” or a “substantial increase in the severity of previously identified significant effects” under the existing EIR).

Recommendation (Option1)

1. Approve Resolution 24-XXX which:
a. Approves Final Map Tract 3149, CC&R's and Deed Restrictions and directs the City Clerk to state the Council’s approval on the Final Map.
b. Accepts the Offers of Dedication to the terms of Offer of Dedication by the parties having a record interest in said land.
c. Orders the abandonment of Public Right of Way Abandonments shown on the Final Map affecting the residential lots.
d. Authorizes entering into a Subdivision Improvement Agreement, directing the City Manager to sign the Subdivision Improvement Agreement, and authorizing the City Attorney to correct any non-substantive errors in the document. e. Authorize the City Manager to sign the Agreement with Vinedo II, LLC entitled Agreement Affecting Real Property – Right of Way Dedication entered into on February 14, 2020. f. Authorize the City Manager to sign the recision of the Agreement Affecting Real Property – Right of Way Dedication Agreement with the Fuentez Family LLC, a California Limited Liability Company, Steven C. Meixner, an unmarried man, Thomas Newlin Hastings Jr. and Elizabeth S. Hastings, Trustees of the Hastings Family Trust Dated July 4, 2000, Bryan N.

Beckham and Louise Spadia Beckham, Trustee of the BLB Family Trust Dated December 25, 1999, Paul Shannon and Kenna Shannon, Husband and Wife as Joint Tenants, and Corban Holland and Ann Holland, Husband and Wife as Joint Tenants, all as Tenants in Common dated February 13, 2020 (Recorded document No. 2020021503)

2. Direct the City Engineer to record all documents required by the Conditions of Approval.

Attachments

1. Planning Area Map, Olsen South Chandler Project.

2. Resolution 24-XXX Acceptance of Final Map 3149
a Final Map 3149
b Tract 3149 CC&R's
c Tract 3149 Deed Restriction and Covenant
d Subdivision Improvement Agreement for Tract 3149

e Agreement Affecting Real Property – Right of Way Dedication entered into on February 14, 2020with Vindeo II, LLC (STG Capital Partners)

Attachment 1
Figure 1
Planning Area Map
<=
=
To Downtown
Sherwood Road
Planning Area-9
Final Map
Attachment 1

Attachment 2
RESOLUTION 24-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES ACCEPTING THE FINAL MAP AND SUBDIVISON IMPROVEMENT AGREEMENT FOR TRACT 3149 (OLSEN PA-9) FOR RECORDATION
Olsen – South Chandler Specific Plan - Planning Area 9 - Final Map WHEREAS, Planning Area 9 is part of the Olsen – South Chandler Specific Plan and located along Linne Road at Airport Road; and
WHEREAS, STG Capital (STG) has submitted the Final Map and Subdivision Improvement Agreement for Tract 3149 for acceptance and recordation; and
WHEREAS, Vesting Tentative Tract Map (VTTM) 3149 was approved as part of the specific plan approvals and subsequently amended to address minor boundary issues. VTTM 3149 subdivided the planning area to accommodate the 117 planned residential units; and WHEREAS, since the approval of VTTM 3149, the owners (Fuentez Family Trust, Hastings Trust, BLB Family Trust, Beckham Trust, Shannon and Holland) have sold their interests to Vinedo II, LLC (STG Capital Partners); and
WHEREAS, STG Capital Partners has submitted a signed Agreement entitled “Agreement Affecting Real Property – Right of Way Dedication;” (STG Development Agreement) and WHEREAS, STG Capital Partners has entered the STG Development Agreement, the original “Agreement Affecting Real Property – Right of Way Dedication”, entered into on February 14, 2020, Record Document #2020021503, signed by Fuentez Family LLC, a California Limited Liability Company, Steven C. Meixner, an unmarried man, Thomas Newlin Hastings Jr. and Elizabeth S. Hastings, Trustees of the Hastings Family Trust Dated July 4, 2000, Bryan N. Beckham and Louise Spadia Beckham, Trustee of the BLB Family Trust Dated December 25, 1999, Paul Shannon and Kenna Shannon, Husband and Wife as Joint Tenants, and Corban Holland and Ann Holland, Husband and Wife as Joint Tenants, all as Tenants in Common is no longer necessary and should be recinded upon the recordation of the STG Development Agreement; and
WHEREAS, the City Council approved amended VTTM 3149 for PA-9 on November 5, 2024.; and WHEREAS, The Final Map for Tract 3149 creates 112 residential lots and 11 streets and common areas lots for a total of 123 lots; and
WHEREAS, VTTM 3149 is conditioned to construct public improvements prior to Final Map recordation; and
WHEREAS, the applicant has requested that the Final Map be recorded prior to public improvement installation, which is allowed by the City’s Municipal Code if the Applicant signs a Subdivision Improvement Agreement and submits financial securities to guarantee construction of the required improvements; and

Attachment 2
WHEREAS, STG Capital Partners has submitted a signed Subdivision Improvement Agreement (SIA) and valid Financial Assurances to guarantee construction of Public Improvements required by the Planning Commission’s approval; and
WHEREAS, the formation of Community Facility District for services is required in connection with this project, and the Community Facility District has been established accordingly. The new lots created by this map will be subject to these Community Facility Districts based upon separate actions by the City Council; and
WHEREAS, a portion of the entrance road, and the northerly 30 feet of Linne road and the 6-foot Public Utility Easement along Linne Road, shown on the map, are being abandoned in accordance with government code section 66434(g) with the filing of this map as the right of way is no longer needed, which was previously approved by the City Council at the time of the original entitlements; and WHEREAS, the temporary public utility easement per doc. no. 2024-013766 within the distinct boundaries of this map, is being abandoned in accordance with government code section 66434(g). with the filing of this map as the easement area is no longer needed, which was previously approved by the Council at the time of the original entitlements; and WHEREAS, the City Engineer reviewed the conditions of approval for Final Map 3149, and associated documents, to determine compliance with the same. The City Engineer is recommending approval of Final Map 3149 for recordation based on the Project’s compliance with the Conditions of Approval; and
WHEREAS, the City Attorney has reviewed the Subdivision Improvement Agreement, Financial Assurances, CCRs, and HOA document, and has determined that they are satisfactory; and WHEREAS, the Acting City Surveyor reviewed Final Map 3149 and has determined that the Map complies with the applicable provisions of the Subdivision Map Act and has determined the Map is Technically Correct; and
WHEREAS, all the conditions of approval and environmental mitigation measures outlined in City Council Res. 20-034 will remain in effect for VTTM 3149 amendment; and WHEREAS, The Final Map and Subdivision Improvement Agreement for Tract 3213 are consistent with the Final Environmental Impact Report (EIR) that was previously prepared for the Olsen South Chandler Specific Plan.

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

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

Section 2. The City Council hereby accepts the Final Map, CC&R's and Deed Restriction and Covenant as shown on Exhibit A, B, and C.

Section 3. The City Council hereby accepts the Offers of Dedication to the terms of Offer of Dedication by the parties having a record interest in said land.

Attachment 2
Section 4. The City Council hereby Orders the abandonment of Public Right of Way Abandonments shown on the Final Map affecting the residential lots Section 5. The City Council hereby accepts the Subdivision Improvement Agreement for Tract 3213 for recordation in substantially the form attached hereto as Exhibit D.

Section 6. The City Council authorizes and directs the City Manager to execute and record the Agreement Affecting Real Property – Right of Way Dedication (STG Development Agreement) , as shown in Exhibit B with STG Capital Partners, and by separate instrument the rescision of the Agreement entered into on February 14, 2020, Record Document #2020021503, signed by Fuentez Family LLC, a California Limited Liability Company, Steven C. Meixner, an unmarried man, Thomas Newlin Hastings Jr. and Elizabeth S. Hastings, Trustees of the Hastings Family Trust Dated July 4, 2000, Bryan N. Beckham and Louise Spadia Beckham, Trustee of the BLB Family Trust Dated December 25, 1999, Paul Shannon and Kenna Shannon, Husband and Wife as Joint Tenants, and Corban Holland and Ann Holland, Husband and Wife as Joint Tenants, all as Tenants in Common upon successful recordation of the STG Development Agreement attached hereto as Exhibit E.

APPROVED this 17
th day of December 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John R. Hamon, Jr., Mayor
ATTEST:

Melissa Boyer, City Clerk
Exhibit A Final Map Tract 3149
Exhibit B Tract 3149 CC&R's
Exhibit C Tract 3149 Deed Restriction and Covenant
Exhibit D Subdivision Improvement Agreement for Tract 3149 Exhibit E Agreement Affecting Real Property – Right of Way Dedication with Vindeo II, LLC (STG Capital Partners)

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Exhibit EPage 422 of 473 City Council Agenda December 17, 2024

Council Agenda Report
From: Chris Huot, Assistant City Manager
Damian Nord, Police Chief
Subject: Second Reading by Title Only and Adoption of Ordinance 1153 Amending Paso Robles Municipal Code Chapter 12.44.010 Regarding Employee Parking Permits 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: December 17, 2024
Facts

1. The Downtown Employee Permit Parking Pilot Program was approved by the City Council on October 16, 2018, to provide a low-cost parking option for downtown business owners and employees.

2. The employee permit parking lots are located at:
o Spring Street and 12th Street
o 12th Street, adjacent to Marv’s Pizza
o Alley between Pine Street and Railroad Street, 13th Street and 12th Street o 12th Street and Railroad Street

3. These City-owned employee parking lots collectively provide a total of 98 parking spaces.

4. The City Hall/Library and Train Station parking lots were previously part of the employee permit parking lot program, but were previously converted to first come, first served parking lots without timed restrictions.

5. The program was initially established prior to the implementation of paid on-street parking. The intent was to encourage employees to use designated lots, leaving on-street spaces available for customers.

6. Downtown employees currently have the option to purchase monthly or annual parking permits, either individually or in bulk. Annual permits are prorated and cost $5 per month.

7. The inclusion of 30-minute on-street parking spaces aims to provide convenient short-term parking for customers. There are currently 35 such spaces in the downtown area, which remain available for quick errands.

8. In May 2024, the City Council ended the paid, on-street parking program. Most on-street parking spaces within the downtown area are now first come, first served, without any time restrictions. The 30-minute and disabled parking spots remain throughout the downtown area.

9. On August 20, 2024, City Council directed staff to review several elements of the employee parking lot program, including:
o Research the ownership and usage restrictions of employee permit only parking lots o Research a reduced or no cost decal-based permit system o Explore options and associated costs of increasing enforcement o Conduct outreach to downtown parking stakeholders

10. On December 3, 2024, staff presented its review and analysis of the program.

11. During that presentation a number of questions were raised regarding title or other limitations on the City’s ability to terminate the exclusive use of these lots as employee parking lots.

12. Subsequent to that presentation, the City Council approved first reading by title only of this ordinance to eliminate the employee parking program as of January 1, 2025.

Community Outreach
Staff provided the staff presentation and analysis to the Paso Robles Main Street Association, Paso Robles and Templeton Chamber of Commerce, the Paso Robles Wine Country Alliance and Travel Paso on December 9th. Staff indicated to them that this item would be included on the December 17th City Council meeting agenda for consideration of a second reading and adoption. Staff also provided information on how to provide input, should they choose to do so.

Options

1. Take no action;

2. Approve second reading by title only and adopt Ordinance 1153 amending Section 12.44.010 of the Paso Robles Municipal Code to eliminate the Employee Parking Permit Program as of January 1, 2025;

3. Provide alternative direction to staff.

Analysis and Conclusions
Ownership and Utilization of Parking Lots
The four designated employee parking lots are owned by the City. Based on an exhaustive review of available property title reports, there are no restrictions placed on the use of these lots. Title reports for all four lots were conducted, and no legal constraints were identified, confirming that the City has full authority over their use and management. These lots were originally acquired and maintained by the City prior to the establishment of the Business Improvement District (BID) or the assessments that downtown businesses now remit to the City, which in turn are provided to the Main Street Association to support the general promotion of retail trade activities in the downtown area. The lots were not initially part of the BID or any specific revenue-generating program. Given that these parking spaces are owned outright by the City and have no restrictions on their use, they are fully under the City’s discretion for any future changes in policy or management. Prior to the employee permit parking program, these lots were open to the general public for parking, with no payment, permit or other restrictions.

In the fall of this year, Staff identified the following parcels as the current employee parking lots and requested the City Attorney’s office review the deeds and title for the following properties.

Railroad & 12th St.
• 009-048-004
• 009-048-005
• 009-048-006
Pine St. Alley
• 009-046-003
12th St @ Marv’s Pizza
• 009-042-014
• 009-042-015
Spring St. Parking Lot

• 009-036-010
• 009-036-016
• 009-036-017
• 009-036-030
• 009-036-032
The City Attorney’s office pulled Title Guarantees for each of the lots and reviewed the encumbrances recorded against the properties. Each Guarantee showed the City of El Paso de Robles as the fee owner of the property. Additionally, there were no encumbrances recorded against the properties that would require the lots be used for employee parking or demonstrate an obligation owed by the City to another entity if the lots stopped being used for paid employee parking.

It should be noted that these parcels were acquired by the City, through a variety of means, over many years. The Downtown Business Improvement District was created in 1972. The Downtown Parking Assessment was not created until 1981, well after all the parcels, except a portion of the Spring St lot, were acquired by the City. That assessment is still collected and 100 percent of the funds are remitted to the Main Street Association currently for “the general promotion of retail trade activities in the downtown area”, which is an allowable use under the district. This assessment revenue is in addition to the annual operating contribution the City provides.

From the documents that have been located:
 The parcels creating the lot at Railroad and 12th were acquired by the City between 1964 and 1966. This lot is outside the Downtown Business Improvement District boundaries.  The Pine St Alley parcel was acquired in 1977.
 The 12th Street parcels were acquired in 1976.
 The Spring St parcels were acquired between 1979 and 1981.

Additionally, following the first reading to repeal the Municipal Code Section 12.44.010, staff reviewed the document provided by Mr. Bausch entitled “AB 103 Funds and Parking Lot Maintenance,” dated July 7, 1989. This document discusses the desire of the BIA to direct their funds toward promotions aimed at improving the economic vitality of downtown Paso Robles. The memo goes on to request that the City take over maintenance of the downtown parking lots. It is not clear from the context of the letter whether it refers to general parking lots or employee specific lots. There is no reference in the letter to employee lots or any rights the BIA might have had to control or use of specific parking lots.

Low-Cost Decal Program
At the request of the City Council, staff evaluated a Low-Cost Decal Program to replace the existing program, with the goal of managing employee parking in designated lots without requiring additional city staff. The program would offer the same 98 parking spaces and for evaluation purposes, staff estimated approximately 150 permits would be purchased in a year.

The program would utilize Data Ticket, a service provider that handles permit issuance, renewals, and employment verification, streamlining the process with minimal staff involvement. When the paid onstreet system was in place, the City’s previous payment vendor provided the employee parking lot

administrative services at no additional cost. Therefore, staff evaluated new turnkey programs to help manage the low-cost decal program to avoid the need to hire additional City staff to provide this same service.

The annual cost for Data Ticket services is $9,500, plus additional fees. According to staff analysis, decals would be sold for $30 annually, which is 50 percent of the current employee parking rate, and is expected to generate $4,500 in revenue. The balance of the costs for the Data Ticket program would be subsidized by the General Fund, at an estimated annual subsidy of $5,000+, excluding enforcement and administrative costs.

Businesses or individuals can apply for permits, with the option to pay either annually or monthly through Data Ticket. The application process would require applicants to upload employment verification as part of the process.

If the City Council adopts the low-cost decal program, minimal changes would be needed to the signage, as current employee lot signs can be updated to reflect the new program.

Enforcement Enhancement Options
The existing Employee Permit Parking Program faces challenges related to enforcement and management.

At present, there is no dedicated staff assigned to oversee parking enforcement specifically for the employee parking lots, and there is no capacity within the existing workforce to reallocate staff for fulltime enforcement duties. Currently, employee parking lot violations are only addressed on a complaintdriven basis, with enforcement actions occurring only when a call for service is received. This has made it increasingly difficult to effectively monitor the use of parking spaces and enforce permit regulations.

To address these challenges, the City would need to hire additional part-time staff to manage and enforce the program. A part-time employee would cost approximately $27,900 annually. However, this employee would only be able to work 20 hours per week, dividing their time between enforcement and the general management of the parking program. While this part-time position could provide some enforcement, it would still fall short of addressing all the enforcement needs for the employee parking lots.

Alternatively, hiring a full-time employee to handle enforcement and program management would cost $122,400 annually. A full-time position would allow for more extensive enforcement hours and would provide more flexibility in managing the program. However, a full-time staff member would still need to be supported by additional oversight, such as a supervisor to review citations and handle disputes, further increasing the staffing requirements. If the City Council wishes to keep the employee parking program and increase enforcement, staff recommends pursuing the full-time position option to provide broader enforcement coverage and consistency.

One of the key issues complicating enforcement is the lack of on-street parking restrictions in the downtown area. Currently, there are no timed or paid parking spaces(with the exception of the 30-minute spaces and disabled parking spaces), meaning employees have no penalties for parking on the street.

Without on-street parking restrictions, it is impossible to prevent downtown employees from parking in spaces intended for customers. Given these challenges, enforcement of the Employee Permit Parking Program remains a difficult and costly task.

30 Minute Parking Spots
The 30-minute parking spots were originally implemented to offer short-term, free on-street parking. The 30-minute spots are intended solely for the purpose of running a quick errand that will take 30 minutes or less. Examples of uses for these spots include food delivery drivers picking up food from a downtown restaurant, a vendor dropping merchandise off at a downtown business, or a patron purchasing a good from a local merchant. These spots are meant to encourage very frequent turnover so that more people can have a chance to park in convenient locations. Reduction or elimination of these spots may impact these short-term types of transactions taking place in downtown businesses if other parking spots are not available. Staff has observed that most people are voluntarily adhering to the 30-minute time limits associated with these spots.

Conclusions
Staff have evaluated the current and future costs of maintaining the employee permit parking program.

The program’s enforcement is particularly costly, as there is no dedicated enforcement staff, and additional part-time or full personnel would be required to manage and monitor the permit system.

Furthermore, employees are not restricted from parking on the street, which means that employees may still choose to park on-street without facing penalties, further reducing the need for designated employee parking.

Given the lack of demand for the employee parking lots and the associated projected enforcement costs, staff recommends that the City Council terminate the Employee Permit Parking Program as of January 1, 2025. If approved, the designated parking lots would be converted to first-come, first-served public parking, with no time restrictions. This change would simplify parking management and eliminate the need for ongoing enforcement. An ordinance is necessary to delete the reference to the employee parking program that is within Chapter 12.44.010 of the municipal code.

Additionally, staff recommends that the current 30-minute parking spaces, which provide short-term parking for customers, remain in place without any additional enforcement. These spaces have been successful in supporting quick transactions for customers, and keeping them in their current form would ensure that downtown businesses continue to have convenient access for their patrons.

Finally, the City Council previously approved lighting and other improvements to the parking lots adjacent to Marv’s Pizza and at 12th and Railroad St. Those projects are moving forward regardless of City Council direction on the employee parking lot program. Bids are expected to be received in 1st quarter of 2025, with a bid award returning to the City Council soon thereafter.

On December 3, 2024, the City Council received a presentation from staff that summarized this information. At the conclusion of the presentation, the City Council approved first reading of an ordinance to eliminate the employee permit parking lots as of January 1, 2025.

Fiscal Impact
The cost to eliminate the employee parking program is nominal. Most of the costs will include staff time and materials to remove existing signage, notify stakeholders, and install new signage.

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)
Approve Second reading by title only and adopt Ordinance 1153 amending Section 12.44.010 of the Paso Robles Municipal Code to eliminate the Employee Parking Permit Program as of January 1, 2025.

Attachments

1. Ordinance 1153 – Amending Paso Robles Municipal Code Title 12 – Vehicles and Traffic

Attachment 1
ORDINANCE NO. 1153 N.S.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES AMENDING CHAPTER 12.44.010 OF THE MUNICIPAL CODE OF THE CITY OF

EL PASO DE ROBLES REGARDING EMPLOYEE PARKING PERMITS
WHEREAS, the Downtown Employee Permit Parking Pilot Program was approved by the City Council on October 16, 2018, to provide a low-cost parking option for downtown business owners and employees; and
WHEREAS, the employee permit parking lots are located at Spring Street and 12th Street, 12th Street, adjacent to Marv’s Pizza, Alley between Pine Street and Railroad Street, 13th Street and 12th Street, and 12th Street and Railroad Street; and
WHEREAS, these City-owned lots collectively provide a total of 98 parking spaces; and WHEREAS, the program was initially established prior to the implementation of paid on-street parking; and
WHEREAS, the intent was to encourage employees to use designated lots, leaving on-street spaces available for customers.

WHEREAS, in May 2024, the City Council ended the paid, on-street parking program. Most on-street parking spaces within the downtown area are now first come, first served, without any time restrictions.

WHEREAS, on August 20, 2024, the City Council discussed and requested staff provide additional analysis on the employee parking permit program; and
WHEREAS, on December 3, 2024, the City Council determined that the employee permit parking program no longer meets its intended purpose and has elected to eliminate the program as of January 1, 2025, allowing all previously restricted employee parking lots to revert to first come, first served public parking lots.

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

Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. Section 12.44.010 of the Municipal Code of the City of El Paso de Robles is hereby deleted in its entirety:

12.44.010 - Employee parking permits.

A. The city manager or designee may issue downtown employee parking permits with a term not to exceed one year subject to the requirements set forth in this subsection of this chapter and in administrative rules and regulations issued pursuant to this chapter.

B. A vehicle with a valid downtown employee parking permit shall be permitted to stand or be parked in an employee permit parking zone for which the permit has been issued. Any vehicle that has not been issued a valid parking permit shall be subject to the requirements and restrictions related to parking within the parking zones.

C. A downtown employee parking permit or any other permit as designated by the city manager shall not guarantee or reserve to the holder thereof a specific parking space within the designated permit parking zone.

D. This chapter shall not be interpreted or applied in a manner that shall abridge or alter regulations established by authority other than this chapter.

Section 3. California Environmental Quality Act (CEQA). Under Section 15378(b)(2), continued administrative activities such as policy making are not CEQA projects. The amendments to Municipal Code Section 12.44.010 are policies adopted by the City Council to regulate employee

Attachment 1
parking within City-owned parking lots. Additionally, pursuant to Section Attachment 1 15061(b)(3) CEQA does not apply to this amendment because there is no potential for causing a significant effect on the environment.

Section 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.

Section 5. Effective Date. This Ordinance shall be in full force and effect 30 days after its passage and adoption as provided by Government Code section 36397.

Section 6. Publication. The City Clerk shall certify to the passage of this Ordinance by the City Council of the City of El Paso de Robles, California, and cause the Ordinance to be published once within 15 days after passage in a newspaper of general circulation published and circulated in the City in accordance with Government Code section 36933.

INTRODUCED at a regular meeting of the City Council held on December 3, 2024, for first reading by the City Council of the City of El Paso de Robles, and adopted on the 17th day of December, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John R. Hamon, Jr., Mayor
ATTEST:

Melissa Boyer, City Clerk

From: Tim Bochum
To: Council
Cc: CityManager; City Clerk; Tim Bochum
Subject: 12-17-2024 Council Discussion Item D-4; Discontinuation of Employee Parking Permit Program Date: Monday, December 16, 2024 10:38:28 AM
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[EXTERNAL EMAIL]
Dear Mayor Hamon and City Council Members,
I am writing to you to express my support for staff's recommendation regarding the Downtown Employee Parking Permit Program. I agree with their recommendation to cease the program as of January 1, 2025.

With the cessation of the Downtown paid parking program, maintaining the employee permit program is now out of place. While it should be a goal to have employees park on the periphery of Downtown, continuing the permit program places their needs above the general public and will be a fiscal cost to the general fund that will be difficult for the City to recoup.

There are better (and higher priority) issues that need these limited general fund monies. Of course, it would be ideal if the businesses in Downtown would assist the City in these costs but that is seemingly unlikely.

Employee parking lots should be returned to use by the general public. Most business owners wanted the parking management program to be returned to what it was before paid parking. As such, these lots should be returned to the public and business owners should encourage their employees to not utilize choice parking spaces in the core area that may affect their business.

I would also recommend that you direct staff to return some time after summer (September or October) with a report on parking conditions in Downtown to determine if additional parking strategies may be necessary such as implementing time restrictions to better encourage longer term parking moving to the periphery.

Thank you for your consideration on this issue.

Good luck and Happy Holidays,
Timothy Bochum
Bochum, Tim
P4 - Public Comment

Council Agenda Report
From: Melissa Boyer, City Clerk
Subject: Selection of Mayor Pro Tempore and Assignment of Councilmembers to Regional Bodies, Ad Hoc Committees, and as Liaisons to Advisory Bodies
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: December 17, 2024
Facts

1. The Paso Robles Council Policies & Procedures manual (hereinafter referred to as the “P&P”) calls for the designation of a Mayor pro Tempore, to fill in when the Mayor is absent or unable to perform their duties.

2. The P&P also provides that the Mayor, with approval of the Council, may make appointments to regional bodies, liaisons to advisory committees, and ad hoc committees.

3. Typically, these reorganizations occur during one of the first meetings following a general municipal election in November.

4. Councilmember Gregory has served as Mayor pro Tempore since October of 2023. The list of current City Council liaison assignments is provided for reference (Attachment 1).

5. Fair Political Practices Commission (FPPC) regulations require that Form 806 be adopted/posted by the City before a Councilmember may participate in a decision to appoint themselves to a compensated position. The Form 806 must list all the paid appointed positions and must be posted to the City’s website prior to a vote to appoint a governing board member to a paid position on another agency. The current Form 806 (Attachment 3) is posted on the City’s website, which reflects the compensated positions. As information included on Form 806 changes (number of scheduled meetings, rate of compensation, or membership), amendments shall be made promptly and updated on the City’s website.

Options

1. Take no action;

2. Select a Mayor pro Tempore and approve the Mayor’s proposed Councilmember assignments to regional bodies, commission liaisons, and ad hoc committees; or

3. Provide alternative direction to staff.

Analysis and Conclusions
Under State Law, the Municipal Code, and Council policy, the City Council is free to make governmental agency liaison, ad hoc committee, and advisory committee liaison assignments as deemed appropriate.

Fiscal Impact
None.

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. (b)(2)-(3), 15378.

Recommendation (Option 2)
Select a Mayor pro Tempore and approve the assignment of Councilmembers to regional bodies, commission liaisons, and ad hoc committees as proposed by the Mayor and modified, if desired, by the Council.

Attachments

1. Current Councilmember Assignments – Updated 2023/10/03

2. Proposed listing of Councilmember Assignments for 2025

3. FPPC Form 806

2023 Paso Robles City Councilmember Assignments:

Regional Bodies, Commission Liaisons, & Ad Hoc Committees

Public Agencies & Associations Meeting Dates/Location Members Air Pollution Control District (APCD) Odd months/4th Wed – 9:00 AM - Board of Supervisors Chamber, County Government Center
Hamon
Alt: Gregory
Calif Joint Powers Insurance Authority
(CJPIA)
Annually; 4th Thursday of July
CJPIA Offices, 8081 Moody Street, La Palma, CA
Hamon
Alt: City Staff
Central Coast Community Energy (CCCE)
Annual Meeting: 3rd Wednesday and Thursday in September Policy Board of Directors Meeting Schedule: 9:00 AM on the 3rd Wednesday, February and June and the 2nd Wednesday December Hamon
Alt: Gregory
Chamber of Commerce Board 4th Thursday - 10:00 AM - Paso Robles – Cal Coast Brewery – Patina Room
Bausch
Alt: Roden
Community Action Partnership of SLO
(CAPSLO) **
3rd Thursday, 5:00 PM – EOC Board Rm, 1030 Southwood Drive, SLO **Atascadero is representing North County through 2025** N/A until 2025 Downtown Paso Robles Main Street Assn. 2nd Monday - 5:45 PM - Paso Robles Main Street Office Bausch Alt: Strong
El Camino Homeless Organization (ECHO)
Community Stakeholder Committee Quarterly – Recurring Schedule TBD GregoryAlt: Hamon Groundwater Sustainability Agency As needed Hamon
Alt: - Roden
Homeless Services Oversight Committee
(HSOC)
Odd months /3rd Wed – 1:00 PM – Veterans Memorial Bldg, San Luis Obispo
Gregory
Alt: Roden
Integrated Waste Management Authority
(IWMA)
Odd months/2nd Wed – 1:30 PM - Board of Supervisors Chamber, County Government Center
Hamon
Alt: Bausch
Nacimiento Water Project Commission Even months/ 4th Thurs – 4:00 PM - TCSD Board Room Hamon Alt: Bausch
Paso Robles Events Center Liaison As needed - PREC Offices Gregory Alt: Hamon
Paso Robles Housing Authority 2nd Tuesday – 5:30 PM – Paso Robles Housing Authority Community Center – 901 30th Street – Paso Robles
Strong
Alt: Bausch
PRJUSD/Cuesta College/City Quarterly (no specific date) 12:00 - 1:00 PM - PR School District Office Hamon Alt: Gregory
Paso Robles Wine Country Alliance As needed, meeting locations to be announced Bausch Alt: Roden
SLO Council of Governments (SLOCOG) 1st Wed - 8:30 AM - Board of Supervisors Chamber, County Government Center
Strong
Alt: Gregory
SLO Regional Transit Authority (SLORTA) 1st Wed (alternating months) - 8:30 AM - Board of Supervisors Chamber, County Government. Center
Strong
Alt: Gregory
Travel Paso 3rd Tuesday - 3:00pm – Courtyard by Marriott, 120 S. Vine Street Gregory
Alt: Bausch
Attachment 1

2023 Paso Robles City Councilmember Assignments:

Regional Bodies, Commission Liaisons, & Ad Hoc Committees

Visit SLO CAL Advisory Committee Semi-annually; May/June and Nov/Dec Gregory Alt: Hamon
Youth Sports Council 3rd Monday – 6:00pm – Centennial Park White Oak Room Strong Alt: Gregory
Council Liaison to City Advisory Bodies Meeting Dates/Location Liaisons Airport Commission Alt. months; 4th Thursday - 6:30 PM - Airport Terminal, 4900 Wing Way Hamon
Alt: Gregory
Library Board of Trustees 2nd Thursday - 9:00 AM - Paso Robles Library Strong Alt: Bausch
Parks & Recreation Advisory Committee 2nd Monday - 4:00 PM - Centennial Park Live Oak Room, 600 Nickerson
Bausch
Alt: Roden
Senior Advisory Board 2nd Monday - 1:30 PM - Senior Center Library Gregory Alt: Bausch
Supplemental Sales Tax Oversight Committee Quarterly - 3rd Wednesday of August, November, February, May Gregory Alt: Roden
Youth Commission 1st Wed – 2:30 PM – Centennial Park White Oak Room (School Year) Bausch Alt: Strong
Ad Hoc Committees Meeting Dates/Location Members
Economic Development As needed – Large Conference Room Hamon; Gregory Housing Constraints & Opportunities As needed—Council Chamber Gregory; Bausch Specific Plans As needed—Council Chamber Hamon; Gregory Appeals Boards Meeting Dates/Location Members
Building Board of Appeals As Needed Bausch
Alt: Hamon
Attachment 1

Attachment 2
2023 Paso Robles City Councilmember Assignments:

Regional Bodies, Commission Liaisons, & Ad Hoc Committees

2024 12-11-24
Public Agencies & Associations Meeting Dates/Location Members Air Pollution Control District (APCD)
Odd months/4
th Wed – 9:00 AM - Board of Supervisors Chamber,
County Government Center
Hamon
Alt: Gregory
Calif Joint Powers Insurance Authority (CJPIA) Annually; 4th Thursday of July CJPIA Offices, 8081 Moody Street, La Palma, CA
Hamon
Alt: City Staff
Central Coast Community Energy (CCCE)
Annual Meeting: 3rd Wednesday and Thursday in September Policy Board of Directors Meeting Schedule: 9:00 AM on the 3 rd
Wednesday, February and June and the 2
nd Wednesday December
Hamon
Alt: Gregory
Chamber of Commerce Board 4
th Thursday - 10:00 AM - Paso Robles – Cal Coast Brewery – Patina Room
Beal
Alt: Bausch
Community Action Partnership of SLO
(CAPSLO) **
3 rd Thursday, 5:00 PM – EOC Board Rm, 1030 Southwood Drive, SLO **Atascadero is representing North County through 2025** N/A until 2026 Downtown Paso Robles Main Street Assn. 2
nd Monday - 5:45 PM - Paso Robles Main Street Office Beal Alt: Bausch
El Camino Homeless Organization (ECHO)
Community Stakeholder Committee Quarterly – Recurring Schedule TBD GregoryAlt: Hamon Groundwater Sustainability Agency As needed Hamon
Alt: - Beal
Homeless Services Oversight Committee
(HSOC)
Odd months /3
rd Wed – 1:00 PM – Veterans Memorial Bldg, San Luis
Obispo
Bausch
Alt: Beal
Integrated Waste Management Authority
(IWMA)
Odd months/2nd Wed – 1:30 PM - Board of Supervisors Chamber, County Government Center
Hamon
Alt: Bausch
Nacimiento Water Project Commission Even months/ 4th Thurs – 4:00 PM - TCSD Board Room Hamon Alt: Beal
Paso Robles Events Center Liaison As needed - PREC Offices Gregory Alt: Hamon
Paso Robles Housing Authority 2
nd Tuesday – 5:30 PM – Paso Robles Housing Authority Community Center – 901 30th Street – Paso Robles
Strong
Alt: Beal
PRJUSD/Cuesta College/City Quarterly (no specific date) 12:00 - 1:00 PM - PR School District Office Hamon Alt: Gregory
Paso Robles Wine Country Alliance As needed, meeting locations to be announced Beal Alt: Bausch
SLO Council of Governments (SLOCOG) 1
st Wed - 8:30 AM - Board of Supervisors Chamber, County Government Center
Strong
Alt: Gregory

Attachment 2
2023 Paso Robles City Councilmember Assignments:

Regional Bodies, Commission Liaisons, & Ad Hoc Committees

2024 12-11-24
SLO Regional Transit Authority (SLORTA) 1
st Wed (alternating months) - 8:30 AM - Board of Supervisors Chamber, County Government. Center
Strong
Alt: Gregory
Travel Paso 3
rd Tuesday - 3:00pm – Courtyard by Marriott, 120 S. Vine Street Gregory
Alt: Bausch
Visit SLO CAL Advisory Committee Semi-annually; May/June and Nov/Dec Gregory Alt: Hamon
Youth Sports Council 3
rd Monday – 6:00pm – Centennial Park White Oak Room Beal Alt: Bausch
Atascadero GSA Water Committee Quarterly Board Meetings or as needed Hamon Alt: Beal
Council Liaison to City Advisory Bodies Meeting Dates/Location Liaisons Airport Commission Alt. months; 4
th Thursday - 6:30 PM - Airport Terminal, 4900 Wing Way Hamon
Alt: Gregory
Library Board of Trustees 2
nd Thursday - 9:00 AM - Paso Robles Library Bausch
Alt: Strong
Parks & Recreation Advisory Committee 2
nd Monday - 4:00 PM - Centennial Park Live Oak Room, 600 Nickerson
Bausch
Alt: Beal
Senior Advisory Board 2
nd Monday - 1:30 PM - Senior Center Library Gregory
Alt: Bausch
Supplemental Sales Tax Oversight Committee Quarterly - 3 rd Wednesday of August, November, February, May Gregory Alt: Hamon
Youth Commission 1
st Wed – 2:30 PM – Centennial Park White Oak Room (School Year) Bausch Alt: Strong
Ad Hoc Committees Meeting Dates/Location Members
Economic Development As needed – Large Conference Room Hamon; Gregory Housing Constraints & Opportunities As needed—Council Chamber Gregory; Bausch

Attachment 2
2023 Paso Robles City Councilmember Assignments:

Regional Bodies, Commission Liaisons, & Ad Hoc Committees

2024 12-11-24
Specific Plans As needed—Council Chamber Hamon; Gregory Appeals Boards Meeting Dates/Location Members
Building Board of Appeals As Needed Bausch
Alt: Hamon

FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
Comment:

A Public Document
Appt Date and
Length of Term
Agency Report of:

Title
Per Meeting/Annual Salary/Stipend
Alternate, if any
Alternate, if any
Alternate, if any
Alternate, if any
Name
Name
Name
Name
$0-$1,000
$0-$1,000
$0-$1,000
$0-$1,000
$1,001-$2,000
$1,001-$2,000
$1,001-$2,000
$1,001-$2,000
$2,001-$3,000
$2,001-$3,000
$2,001-$3,000
$2,001-$3,000
Other Other Other Other
California
Form

1. Agency Name
E-mail
806
Area Code/Phone Number
________ ____
________ ____
________ ____
________ ____
$
$
$
$
Page _____ of _____
Attachment 3