9. On January 16, 2024, the City entered into an easement encroachment and license agreement with Mr. Anderson. The agreement grants permission to encroach upon a portion of the easement area to maintain a lined pond, surrounding landscaping, as well as related fixtures and improvements.
10. Pursuant to Government Code Section 54220, et seq. (the “Surplus Land Act”), the subject parcel is considered surplus land because it is owned in fee simple by the City. The Surplus Land Act exempts certain surplus land from its requirements, including property that is “less than one-half acre [21,780 square feet] and is not contiguous to land owned by a state or local agency that is used for open space or low- and moderate-income housing purposes.” The parcel is 6,925 square feet and, therefore, meets the exemption requirement.
11. California Government Code Section 37421 provides that when the legislative body of a City finds that the public interest and convenience require the sale of a public building and sites, it must adopt a resolution giving notice of its intention to sell such property.
12. California Government Code Section 37422 provides that such resolution shall fix a time for hearing protests to the property conveyance, provide for publication of notice of the hearing, fix the time when the City will take final action regarding the conveyance.
Options
1. Take no action;
2. Approve a resolution to 1) announce the City’s intent to sell the property located at 417 Cool Valley Drive based on the finding of public interest and convenience requiring the sale of the property, 2) fix a date and time for hearing protests to the property conveyance, 3) publish the adopted resolution in the local publication and no less than ten (10) days in three (3) conspicuous locations upon the property, and 4) declares that the subject property is exempt for the Surplus Land Act; or
3. Provide alternative direction to staff.
Analysis and Conclusions
The property located at 925 Oriole Way is unlawfully connected to the city-owned property and is enclosed by a 600-foot concrete wall, ranging from 6-foot to 8-foot in height, which prohibits public access. As a result, the City responded with a letter to Mr. Anderson, the property owner of 925 Oriole Way, requiring the removal of the wall that encroaches upon, and closes off access to, a portion of the dedicated open space at 417 Cool Valley Drive, in accordance with California Government Code Section 51058.
In response, Mr. Anderson explained that the wall was built prior to his ownership and requested that the City not proceed with the removal of any section of the wall surrounding the 417 Cool Valley Drive open space parcel. After several discussions and site visits with Mr. Anderson, a follow-up letter was sent providing two options in order to rectify the current legal irregularities. The first option was to remove the existing concrete wall and possible replacement along the actual property line provided that the wall was improperly placed so as to enclose a portion of the City’s dedicated open space area, which is the case. The second option was the sale of the subject property by the City to Mr. Anderson, consistent with all legal obligations.
Upon further consideration, City staff and Mr. Anderson agreed to pursue the second option. As such, Mr.
Anderson hired Grant Skinner Appraisal Services to complete a Market Value Analysis on the subject property, which resulted in a property value of $10,000. In parallel, the City hired HJA to complete a land value appraisal report of the subject property, which resulted in an estimates land value of $14,000. Both appraisals evaluated recent comparable and local property sales. HJA assisted the City in property negotiation with the goal of settling on a property value that would achieve the City’s desire to dispose of
the property to better maximize its value in furtherance of the City’s land use and policy goals. In addition, this action would reduce the unnecessary financial burden to Mr. Anderson through the removal, and possible replacement of the wall. The final negotiated property value is $10,000.
In addition, the subject parcel is considered surplus land because it is owned in fee simple by the City with the intent to dispose of surplus land. The Surplus Land Act exempts certain surplus land from its requirements, including property that is “less than one-half acre [21,780 square feet] and is not contiguous to land owned by a state or local agency that is used for open space or low- and moderateincome housing purposes.” The parcel is 6,925 square feet and, therefore, meets the exemption requirement.
Fiscal Impact
The total proceeds from the sale of the open space at 417 Cool Valley Drive is $10,000. There are onetime costs for the sale of the subject property, most significant, land value appraisal, that are estimated at $6,000.
CEQA
The City finds that this action will not result in a direct or reasonably foreseeable indirect physical change in the environment and the activity is not a project pursuant to State CEQA Guidelines section 15060(c)(2)- (3).
Recommendation
Approve Resolution 25-XXX which will
1) Announce the City’s intent to sell the property located at 417 Cool Valley Drive based in the finding of public interest and convenience requiring the sale of the property; and 2) Fix a date and time for hearing protests to the property conveyance; and 3) Publish the adopted Resolution in the local publication and no less than ten (10) days in three (3) conspicuous locations upon the property; and
4) Declare that the subject property is exempt for the Surplus Land Act.
Attachments
1. Resolution 25-XXX – Intent to Sell 417 Cool Valley
a. Exhibit A – 417 Cool Valley Legal Description
Attachment 1
RESOLUTION 25-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES
FINDING THAT THE PUBLIC INTEREST AND CONVENIENCE REQUIRE THE SALE OF CERTAIN REAL PROPERTY (417 COOL VALLEY DRIVE), DECLARING ITS INTENT TO SELL SUCH
PROPERTY, FINDING SUCH PROPERTY TO BE EXEMPT FROM THE SURPLUS LAND ACT PURSUANT TO GOVERNMENT CODE SECTION 54221 AND SETTING A HEARING DATE FOR
CONSIDERATION OF PROTESTS AND FINDING THE ACTION EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”)
WHEREAS, the City of El Paso De Robles (“City”) owns in fee simple that certain real property located at 417 Cool Valley Drive in the City of El Paso De Robles (APN: 009-750-058) and legally described in Exhibit “A” attached to this resolution and incorporated by reference herein (the “Property”); and
WHEREAS, the City has determined that it does not have a public use for the Property, and the City desires to dispose of the Property to better maximize its value in furtherance of the City’s land use and policy goals; and
WHEREAS, California Government Code Sections 37420 through 37430 authorize the City to dispose of property; and
WHEREAS, California Government Code Section 37421 provides that when the legislative body of a city finds that the public interest and convenience require the sale of public buildings and sites, it must adopt a resolution giving notice of its intention to sell such property; and WHEREAS, California Government Code Section 37422 provides that such resolution shall fix a time for hearing protests to the property conveyance, provide for publication of notice of the hearing, fix the time when the City will take final action regarding the property conveyance; and contain an accurate description of the property to be conveyed; and WHEREAS, the Surplus Land Act, Government Code sections 54220 et seq. (as amended, the “Act”), applies when a local agency disposes of “surplus land,” as that term is defined in Government Code section 54221; and
WHEREAS, the Property is “surplus land” under the Act, because it is land owned in fee simple by the City for which the City Council will take formal action (in the form of adoption of this resolution) in a regular public meeting declaring that the Property is surplus and is not necessary for the City’s use; and
WHEREAS the Act exempts certain surplus land from its requirements, including property that is “less than one-half acre and is not contiguous to land owned by a state or local agency that is used for open space or low-and moderate-income housing purposes” pursuant to Government Code section 54221 (f)(1)(B) (“small parcel exemption”); and
Attachment 1
WHEREAS, the Property may be declared as exempt surplus land consistent with Government Code section 54221(f)(2) of the Act because the Property fits the small parcel exemption, and is not: within a coastal zone; adjacent to a historical unit of the State Parks System; listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places; or, within the Lake Tahoe region as defined in Government Code section 66905.5; and
WHEREAS, the actions associated with this resolution will not result in a direct or reasonably foreseeable indirect physical change in the environment, and the activity is not a project pursuant to State CEQA Guidelines section 15060(c)(2)-(3); and WHEREAS, the City wishes to declare its intent to dispose of and convey the Property and declare that the Property is exempt from the Surplus Land Act, fix a time for the hearing of any protests to the disposition, provide for publication of the notice of said hearing, and fix the time for final action on the disposition of the Property.
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, constitute findings of the City Council, and are incorporated herein by reference.
Section 2. The City Council of the City hereby finds and determines that public convenience and necessity require the sale of the Property. The factors demonstrating that the public convenience and necessity require the sale of the Property include, but are not limited to the following: (i) strengthening the City’s land use and social structure and (ii) alleviating economic and physical blight on the Property.
Section 3. The City Council of the City hereby declares its intent to sell the Property and fixes March 4, 2025 or as soon thereafter that the matter can be heard at the City of El Paso De Robles, City Council Chambers, located at 1000 Spring Street, Paso Robles, CA 93446, as the date, time and location for hearing any protests to the proposed sale of the Property.
Section 4. In compliance with California Government Code Section 37423, the City Council of the City hereby directs City staff to publish this resolution at least once in a daily newspaper prior to March 4, 2025, and to post this Resolution for not less than ten (10) days in at least three (3) conspicuous places upon the Property prior to March 4, 2025.
Section 5. The City Council hereby declares that (i) the Property is surplus land and not necessary for the City’s use, and (ii) the Property is exempt from the Act pursuant to section 54221(f)(1)(B) of the Act. The basis for this declaration is the finding that the Property is less than less than one-half acre (21,780 square feet) and is not contiguous to land owned by a state or local agency that is used for open space or low-and moderate-income housing purposes. The City Council bases this declaration on the following findings:
The Property is approximately 6,925 square feet in size which is less than onehalf acre or 21,780 square feet.
Attachment 1
There is no land contiguous to the Property that is being used for open-space or low- and moderate-income housing purposes.
None of the characteristics listed under Government Code section 54221(f)(2) apply to the Property.
Section 6. The City Council finds and determines, after independent review and consideration, that pursuant to the California Environmental Quality Act (Public Resources Code section 21000, et seq.) (“CEQA”) the disposition of the Property will not result in a direct or reasonably foreseeable indirect physical change in the environment and the activity is not a project pursuant to CEQA Guidelines section 15060(c)(2)-(3).
Section 7. This Resolution shall become effective immediately upon its adoption.
APPROVED this 15th day of January, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John R. Hamon, Jr. , Mayor
ATTEST:
Melissa Boyer, City Clerk
Exhibit A – 417 Cool Valley Legal Description
Exhibit A
Council Agenda Report
From: Chris Huot, Assistant City Manager
Subject: Consideration of Support for Legislation Efforts that Allow for a Future, Voter-Approved, San Luis Obispo Council of Governments Transportation-Specific Measure to be Waived from the Two Percent Local Sales Tax Limit.
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: January 15, 2025
Facts
1. The base statewide sales and use tax rate is currently 7.25 percent and is made up of three parts:
a. 6.00% State
b. 1.00% Local Jurisdiction
c. 0.25% Local Transportation Fund
2. The six percent "State" portion of the tax goes directly to fund statewide programs and resources. The other 1.25 percent are considered local taxes under Bradley-Burns.
3. Local taxes are imposed by local jurisdictions, such as a city or county. The "Local Jurisdiction" portion is 1.00% and goes to the city or county where the sale or use occurs under the law.
4. The 0.25% "Local Transportation Fund" portion always goes to the county where the sale or use occurs under the law.
5. District taxes are imposed under the Transactions and Use Tax Law and are added to the statewide base tax rate of 7.25 percent.
6. In Paso Robles, Measure J-20 and Measure E-12 are examples of district taxes that are added on top of the base statewide sales and use tax rate. District tax is generally distributed to the district where goods are delivered or presumably used.
7. The combined rate of all district taxes imposed in any county must not exceed two percent (9.25 percent total sales and use tax) unless specifically authorized by special legislation.
8. Currently, five jurisdictions in the San Luis Obispo region have sales tax rates at 8.75 percent. In these cities, there is .5 percent remaining before the two percent cap is hit.
9. San Luis Obispo Council of Governments (SLOCOG) is the region’s Metropolitan Planning Organization (MPO), which is created and designated to carry out the metropolitan transportation planning process. SLOCOG’s prime responsibilities include transportation planning and funding for the region, while also serving as a forum for the study and resolution of regional issues.
10. SLOCOG requests support from local jurisdictions to seek special state legislation that would provide an exemption to the two percent sales tax cap for a future transportation measure that may be proposed to the voters. This legislation is being sought prospectively to avoid potential competing measures from a city, the county, another regional measure, or a citizens’ initiative in the future.
Community Outreach
This meeting agenda item is part of SLOCOG’s continued outreach on this topic. The City is not directly involved with outreach or facilitation of this request.
Options
1. Take no action;
2. Authorize the Mayor to sign a letter of support on behalf of the City Council and remit letter to SLOCOG; or
3. Provide alternative direction to staff.
Analysis and Conclusions
Staff from SLOCOG will provide a presentation on this topic.
This request does not approve or initiate any tax, nor does it change how a tax measure would be approved. Rather, it creates a clearer path for potential future action, should a measure be proposed for voter consideration. The proposed legislation would allow for an exemption of up to one percent on the local sales tax cap, specifically for transportation-related initiatives. Additionally, it would enable qualified voter initiatives for transportation purposes to be placed on the ballot under certain conditions.
The growth of San Luis Obispo County, combined with the demands of a thriving tourism industry and the needs of residents, has placed strain on the region’s roadways, transit systems, and overall transportation network. In response, the San Luis Obispo Council of Governments (SLOCOG) is exploring solutions to secure funding for transportation improvements while also planning for future growth. One such solution is the potential pursuit of a sales tax measure to address major transportation needs throughout the region and to leverage additional state and federal transportation funds.
Before moving forward with a countywide transportation sales tax measure, SLOCOG is seeking support from the cities within the county to pursue state legislation that would provide an exemption to the existing two-percent cap on local transaction and use taxes in San Luis Obispo County. If approved, this exemption would allow SLOCOG to pursue a countywide sales tax measure dedicated to transportation without the concern of reaching the two-percent cap, which could prevent other local measures from being implemented.
It is important to note that the City’s support is not a requirement for the introduction of this state legislation by a state senator or assembly member. However, SLOCOG is requesting unanimous support from all cities within the county as part of a collaborative effort to approach a legislator to carry this legislation forward. The objective is for the legislation to be introduced and ratified as part of the 2025 legislative session.
Over the past decade, several counties, including Alameda, Contra Costa, Humboldt, Los Angeles, Monterey, Riverside, San Mateo, Santa Cruz, and Ventura, have successfully passed similar legislation to waive the two-percent cap. Additionally, over 25 counties throughout the state are considered “self help counties”, whereby voters have approved regional sales tax measures specifically for transportation projects. SLOCOG considered placing a ½ cent sales tax on the November 5, 2024 ballot, but suspended that effort after conducting stakeholder outreach. In 2016, voters narrowly rejected Measure J, a countywide half-percent sales tax measure for transportation purposes.
The SLOCOG Board took action on December 4, 2024 supporting legislation on a regional two percent sales tax cap waiver. SLOCOG is seeking input and support from member agencies with the objective of returning to its board in February for further action where it will further consider the inclusion of enabling a citizen initiative under certain conditions.
Fiscal Impact
There is no fiscal impact for the City Council to take a position on whether to support SLOCOG’s pursuit of a sales tax cap waiver.
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)
Authorize the Mayor to sign a letter of support on behalf of the City Council and remit letter to SLOCOG.
Attachments
1. Draft Letter of Support
1000 Spring Street ▪ Paso Robles ▪ California 93446
(805) 237-3861 FAX (805) 237-3904
CITY OF EL PASO DE ROBLES
“The Pass of the Oaks”
Attachment 1
January 15, 2025
Senator John Laird
1021 O Street, Suite 8720
Sacramento, CA 95814
RE: San Luis Obispo Council of Governments Sales Tax Waiver Legislation Dear Senator Laird,
On behalf of the Paso Robles City Council, I am writing to express my support for the San Luis Obispo Council of Governments' (SLOCOG) initiative to seek special state legislation that would provide an exemption to the current two percent sales tax cap rate. This legislation would allow for a future transportation-focused sales tax measure to be placed in front of voters within San Luis Obispo County.
As you know, San Luis Obispo County faces significant challenges in terms of maintaining and expanding its transportation infrastructure. The county’s growth, combined with the demands of a vibrant tourism industry and the needs of residents, has placed considerable strain on our roadways, transit systems, and overall transportation network. In this context, local leaders are looking for innovative ways to secure funding to meet these needs while also planning for future growth.
The City of Paso Robles has several major projects that could benefit from regional transportation funding, including the State Route 46 East/Union Road Overcrossing, the US 101/State Route 46 East interchange, and the US 101/State Route 46 West interchange. Additionally, local voters recently approved a sales tax measure to support the repair of city roadways. A regional funding source would complement these efforts, enabling faster roadway repairs and improvements for all users.
The ability to exceed the current two percent sales tax cap would allow SLOCOG to plan and consider local funding options for transportation projects, including vital upgrades to roads, bridges, public transit systems, and pedestrian infrastructure. Such projects are essential not only for improving safety and reducing congestion but also for promoting economic growth and improving the quality of life for all who live, work, and visit in San Luis Obispo County.
By supporting this effort to seek special legislation, you will be helping ensure that our region has options it needs to address long-term transportation challenges and foster sustainable growth. Without this exemption, the potential for generating the necessary funds through a local sales tax measure may be unattainable, making it difficult to adequately fund the transportation projects our community desperately needs.
Thank you for considering this important issue. I trust that with your leadership, we can work together to support the growth and development of our region while ensuring that future generations benefit from improved, reliable, and sustainable transportation systems.
1000 Spring Street ▪ Paso Robles ▪ California 93446
(805) 237-3888 FAX (805) 237-4032
Attachment 1
John Hamon
Mayor
City of Paso Robles
Council Agenda Report
From: Chris Huot, Assistant City Manager
Subject: Consideration of City Council Meeting Video Production and Chamber Improvements 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: January 15, 2025
Facts
1. Multiple councilmembers have requested staff review options and costs associated with upgrading the City Council chamber to allow for video of Councilmembers and speakers at City Council meetings.
2. Currently, City Council and Planning Commission meetings are broadcast live to the City’s YouTube channel. These recordings are archived on the City’s web site and YouTube Channel for future viewing.
3. The broadcast elements of these meetings include audio of the meeting (Councilmember dialogue, public speakers, presentation audio, etc.) and video of the slide deck presentation being made or a PowerPoint slide summarizing the item(s) being deliberated. Audio of the City Council meeting is also broadcast live on KPRL radio.
4. The YouTube broadcast currently does not include video of councilmembers, the public, staff, and other participants speaking during meetings.
Options
1. Take no action;
2. Approve City Council Meeting Video Project including Council-selected optional upgrades, appropriate $225,000 in PEG fund to the project and direct staff to issue a request for proposal; or
3. Provide alternative direction to staff.
Analysis and Conclusions
The City broadcasts City Council and Planning Commission meetings to ensure full and transparent access to the proceedings of both bodies. These live broadcasts allow individuals who cannot attend in person to view the meetings in real time. After the meetings conclude, the broadcasts are archived for later viewing on the City’s website and official YouTube channel. In 2024, the City Council meeting posted on the City’s YouTube channel received 7,774 views (this includes views from both the public and staff).
The current technical setup in the chamber enables the transmission of meeting audio (including Councilmember dialogue, public speakers, and presentation audio) and video of the slide deck or PowerPoint presentation summarizing the items being discussed. However, the YouTube broadcast does not include video of Councilmembers, public speakers, staff, or other participants. The chamber’s infrastructure currently does not support the immediate broadcast of speaker video.
Most local government entities in San Luis Obispo display speaker video during their live City Council or Board meetings. The City of Paso Robles is the only entity in the County that does not regularly include speaker video in its broadcasts. The table below summarizes these findings.
Entity Board Meeting
Speaker Video
Planning Commission
Meeting Speaker Video
Paso Robles No No
Arroyo Grande Yes Yes
Atascadero Yes No
Grover Beach Yes Yes
Morro Bay Occasionally Occasionally
Pismo Beach Yes Yes
City of San Luis Obispo Yes Yes
County of San Luis Obispo Yes Yes
SLO Council of Governments Yes N/A
Staff has analyzed the video production systems currently utilized by the cities of Arroyo Grande, Pismo Beach, and San Luis Obispo. These systems share similarities, utilizing semi-automated features such as captioning, automatic switching of featured speaker camera angles, and professional graphics, all designed to enhance the quality of city council broadcasts. A key benefit of these systems is that they can be managed by existing staff who are already in attendance at council meetings, eliminating the need for additional personnel or specialized staff for operation. This feature is particularly important for maintaining operational efficiency and minimizing long-term costs for the City.
Some of the existing equipment in the Council Chamber may be compatible with the new video production system and could potentially be reused. However, it is likely that most of the current equipment will need to be replaced to ensure full compatibility with the new system. This approach will also help avoid any warranty issues from the selected vendor, ensuring that all components are supported and functioning seamlessly as part of the overall upgrade. The preliminary estimate for purchase and installation of such a system is approximately $200,000.
In addition to the video production system, there are several optional improvements that should be considered for the Council Chamber to enhance the overall presentation quality of the meetings. Many of these improvements are original to the facility and have been in place for a significant period. While these improvements are not mandatory, they would help ensure that the chamber looks for video production and presentation. The following are recommended optional upgrades:
Item
Estimated
Cost
ADA Lectern* $ 4,000
New Carpet 15,000
Wall Covering/Treatments 30,000
Window Shades 60,000
Council Dias 80,000
Stackable Audience Chairs 3,750
Total $ 192,750
While these improvements are optional and can be implemented individually, they should be given consideration as they support a professional, refined environment suitable for video broadcasting and public engagement.
The room’s layout may also need to be adjusted slightly to accommodate additional technology, including the installation of up to five cameras. These changes will help ensure the chamber is optimized for both video production and accessibility. Final changes to the layout will be determined in consultation with the selected vendor.
Project Timeline:
Q1 2025: Release Request for Proposals (RFP) for video production system. Q2 2025: Award contract and finalize agreements with the selected vendor. Q3 2025: Begin installation of video system and related improvements. The installation is expected to take approximately one month. During this time, council meetings will likely need to be temporarily relocated.
Note: Work cannot be conducted over the summer due to previously scheduled library programming in the council chamber.
Should the City Council decide to move forward with the implementation of a new video production system, staff recommends issuing an RFP. The RFP process will allow for the selection of a vendor that can provide the most suitable solution within the City’s budget and technical requirements. The proposed video production system and associated chamber upgrades are designed to enhance the functionality and accessibility of the Council Chamber, aligning with the City's goals of transparency and public engagement.
Staff recommends proceeding with the RFP process in Q1 2025, with the understanding that temporary relocation of meetings will be necessary during the project installation phase.
Fiscal Impact
The City receives Public, Educational, and Governmental (PEG) funds from cable companies operating within the City, which are designated for specific capital improvements that enhance access to government meetings. These funds can only be used for eligible projects such as broadcast systems (cameras, switchers, captioning, and supporting equipment), audiovisual systems (speakers, microphones, and related infrastructure), broadcast lighting, and other improvements that directly support the broadcasting of government meetings. These funds cannot be used for operating costs. The City currently has a balance of approximately $426,000 in PEG funds and is recommending appropriating $225,000 for the City Council Meeting Video Project. Any non-eligible improvements, such as new carpet, will need to be funded through the general fund.
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 the initiation of the City Council Meeting Video Project including Council-selected optional upgrades, appropriate $225,000 in PEG fund to the project and direct staff to issue a request for proposal.
Attachments
None.