CITY OF EL PASO DE ROBLES
"The Pass of the Oaks"
City Council Agenda Addendum
Tuesday, December 17, 2024, 6:30 PM
Council Chamber - Library/Conference Center
1000 Spring Street
Paso Robles, CA 93446
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Pages
P. DISCUSSION ITEMS
*4. Second Reading by Title Only and Adoption of Ordinance 1153 Amending Paso Robles Municipal Code Chapter 12.44.010 Regarding Employee Parking Permits 2 - 12
Chris Huot, Assistant City Manager
Damian Nord, Police Chief
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: 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.
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