HomeMy WebLinkAbout01-96, 02-96, 03-96 from 04-25-1996 Joint Meeting of City Councilscity of SAn lois OBISPO
May 29, 1996
Dear City Clerks:
Enclosed are the fully executed resolutions (Nos. 01-96, 02-96 and 03-96) adopted at the Joint
Council's meeting held at the Embassy Suites on Thursday, April 25, 1996. I am transmitting
copies to all cities, even those who did not participate in adopting the resolutions.
Also enclosed are the minutes of the meeting. I assume that all the Council's have, by this time,
agendized and approved the minutes. The only amendment is a correction to the roll call for
the City of Atascadero.
I guess that pretty much wraps things up. Now, on to the election season!
Sincerely, _
Kim Condon
Assistant City Clerk
Enclosures
To: Ms. Nancy Davis, City Clerk
City of Arroyo Grande
P.O. Box 550
Arroyo Grande, CA 93421
Ms. Pat Risoldi, City Clerk
City of Grover Beach
P.O. Box 365
Grover Beach, CA 93483
Mr. Rich Ramirez
City of Paso Robles
1000 Spring St.
Paso Robles, CA 93446
Ms. Lee Price, City Clerk
City of Atascadero
6500 Palma Ave.
Atascadero, CA 93422
Ms. Bridgett Bauer, City Clerk
City of Morro Bay
595 Harbor St.
Morro Bay, CA 93442
Ms. Sharon Jones
City of Pismo Beach
P.O. Box 3
Pismo Beach, CA 93448
The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
MINUTES
CITY COUNCILS OF
SAN LUIS OBISPO COUNTY
SPECIAL JOINT CITY COUNCIL MEETING
Thursday, April 25, 1996 - 7:00 p.m.
Embassy Suites - 333 Madonna Road
San Luis Obispo California
San Luis Obispo Mayor Allen K. Settle called the meeting to order at 7:00 p.m.
ROLL CALL:
City of Arroyo Grande
Present: Council Members Brandy, Fuller and Mayor Dougall
Absent: Council Member Lady and Mayor Pro Tem Souza
City of Atascadero
Present: Council Members Carden, Luna, Mayor Pro Tem Johnson, Mayor Highland
Absent: Council Member Bewley
City of Grover Beach
Present: Council Members Forister, Gates, Munroe, Mayor Pro Tem Hamilton and
Mayor Arnoldsen
CitY of Morro Ba
Present: Council Members Anderson, Crotzer, Unger, Vice Mayor Novak and Mayor
Yates
City of Paso Robles
Present: Council Member Martin and Mayor Macklin
Absent: Council Members Iversen, Picano and Mayor Pro Tem Heggarty
CitY of Pismo Beach
Present: Council Members Halldin and Mellow
Absent: Council Member Brown, Mayor Pro Tem Stahl, and Mayor Bailey
City of San Luis obis o
Present: Council Members Roalman, Romero, Smith, Vice Mayor Williams and Mayor
Settle
The Clerk noted that those cities represented this evening but without a quorum, would not be able
to participate in voting but could join in discussion.
Joint Meeting of the City Councils
April 25, 1996
PUBLIC COMMENT:
Page 2
Neil Havlik, Natural Resources Manager for the City of San Luis Obispo, said that the City's Open
Space Funding Task Force had delivered its preliminary findings and invited everyone to a public
Task Force's public forum to be held on Monday, April 29, 1996, beginning at 6:45 p.m. in the
Community Room of the City/County library.
ACTION ITEMS:
1. The Councils considered a proposed annexation tax exchange agreement between San Luis
Obispo County and the Cities in San Luis Obispo County.
Bob Hunt, City Manager of Arroyo Grande, said the results of an independent study conducted by
the firm of Crawford, Multari, & Starr on revenue neutral annexations had found that the numbers
for the County to achieve fiscal neutrality on annexations were higher than the cities had hoped
for, but did refute the County's claim that it needs a portion of the cities' sales tax or other revenue
to remain whole on annexations. He recommended that the cities adopt the joint resolution
presented this evening, and adopted by the Board of Supervisors at its meeting of April 23, 1996.
Mayor Settle asked for public input.
No one came forward to comment.
After discussion, moved by Settle/Dougall to adopt Joint Resolution 01-96; motion carried as
follows:
Arroyo Grande - (3-0-2)
Atascadero - (2-2-1)
Grover Beach - (5-0)
Morro Bay - (5-0)
Pismo Beach - (no quorum)
Paso Robles - (no quorum)
San Luis Obispo - (5-0)
2. The Councils considered supporting the County's efforts to ensure Unocal compliance with
State and Federal law, and adherence to environmental standards.
Mayr Settle, San Luis Obispo, indicated that Council Member Romero had presented an revised
resolution. He added the idea behind this action was to encourage County -wide environmental
protection.
Mayor Settle opened the floor to comment from the audience.
Bill Sherrer, a senior manager for Unocal, said that Unocal supported the action by this group to
pass a corporate citizen responsibility resolution and requested that all local elected officials and
government bodies contact Unocal on individual areas of concerns.
Pat Mackie, Paso Robles, said he was not aware of Unocal's cooperation with local government
agencies and supported the resolution.
Joint Meeting of the City Councils
April 25, 1996
Mayor Settle returned discussion to the Councils.
Page 3
Moved by Munroe/Romero to adopt the joint resolution as modified by Council Member Romero and
with the last sentence of the original resolution included as a "Whereas"; motion carried as follows:
Arroyo Grande (3-0-2)
Atascadero - (4-0-1)
Grover Beach - (5-0)
Morro Bay - (3-2)
Paso Robles - (not participating)
Pismo Beach - (not participating)
San Luis Obispo - (5-0)
The Councils considered supporting SB 1590 responding to the Guardino decision
(Proposition 62).
Pete Dau all Mayor of Arroyo Grande, reported that the Guardino decision invalidating a one-half
cent sales tax to fund local transportation projects, could expose cities throughout California to
potential retroactive rebates totalling approximately $400,000,000. He said that SB 1590, introduced
by Sate Senator Jack O'Connell, will protect cities from these retroactive impacts and that the
resolution before the Councils would provide the additional support needed to ensure passage in
the Legislature.
Geoff Weg, Administrative Assistant to Senator O'Connell, urged the Councils to adopt the
resolution.
Moved by Dougall/Brandy Dougall/Brandyto adopt a joint resolution of the Cities of San Luis Obispo County
supporting validation of the act in response to Santa Clara County Local Transportation Authority
vs. Guardino; motion carried as follows:
Arroyo Grande - (3-0-2)
Atascadero - (4-0-1)
Grover Beach - (3-2)
Morro May - (5-0)
Paso Robles - (not participating)
Pismo Beach - (not participating)
San Luis Obispo - (5-0)
4. The Councils considered adopting a resolution asking Pacific Gas and Electric to address
the community impacts of its proposal concerning the valuation of holdings around the
state.
Council Member Carden Atascadero, announced that he would be stepping down due to a conflict
of interest.
Bill Hendrix, County Administrator, said that in the environment of the utility industry to restructure
the electric industry to create an atmosphere of competition, P.G. & E.'s proposal to diminish the
value of its production facilities through accelerated depreciation would ultimately result in a loss
of $9.6 million in revenues annually over a five-year period. He urged the Council to adopt the
proposed resolution supporting the County in its efforts to work with P.G. & E. to mitigate these
Joint Meeting of the City Councils Page 4
April 25, 1996
impacts.
Mayor Settle asked for public comment.
Greg Rueter, Senior Vice President and General Manager of P.G. & E.'s nuclear power generation
business, asked the Council to consider that P.G.& E. is the largest property tax payer in the
County and the largest private employer in the County with over 1600 year-round employees whose
contribution to the community in the taxes they pay far outweighs the property tax contributions
under discussion.
Bud Laurent. Chairman of the Board of Supervisors, said he was representing a unified, unanimous
board in support of this resolution.
Mayor Settle turned the discussion back to the members of the City Councils.
Moved by Munroe/Johnson to adopt the proposed resolution as amended to address, in addition
to P.G.& E. in the title of the resolution, the California Public Utilities Commission, and the State
Board of Equalization, also amending the final paragraph amended to include both entities in
addition to P.G.& E., amend paragraph five to delete "come In direct violation of and add "may
violate," and delete paragraph six; motion was lost, as follows:
Arroyo Grande - (0-3-2)
Atascadero - (1-2-2)
Grover Beach - (3-2)
Morro Bay - (1-4)
Paso Robles (not participating)
Pismo Beach - (not participating)
San Luis Obispo - (3-2)
Moved by DougaillUnger to resubmit this to the individual cities for consideration, with further
documentation to be supplied as discussed; motion carried, as follows:
Arroyo Grande - (3-0-2)
Atascadero - (3-0-2)
Grover Beach - (5-0)
Morro Bay - (5-0)
Paso Robles (not participating)
Pismo Beach - (not participating)
San Luis Obispo - (5-0)
INFORMATIONAL_ ITEMS:
5. The Councils considered a report on a tax override for safety improvements to Highway 46
East.
Walt Macklin, Mayor of Paso Robles, explained that as a rural County, we are at a disadvantage as
we compete for State highway transportation funds, and that the solution to fund Highway 46
Joint Meeting of the City Councils Page 5
April 25, 1996
improvements might necessitate an additional gas or sales tax that would require a two-thirds voter
approval. He said that he hoped this body would direct their Mayors to continue dialogue on this
subject.
Mayor Settle asked for public comment.
Pat Mackie, Paso Robles, Vice Chair of the Fix 46 Committee, urged the Councils' support of a half -
cent increase in the County sales tax dedicated to Highway 46 safety projects and asked for
additional support to ask the Board of Supervisors to put the sales tax increase on the November
ballot.
Mary Chambers, President of the Fix 46 Committee, reiterated the hope that this sales tax increase
would appear on the November ballot.
Ron DeCarli, Executive Director of San Luis Obispo Council of Governments, informed the Council
that although SLOCOG has not taken a position on a sales tax measure, they are currently working
with the Fix 46 Committee, the California Highway Patrol, and Caltrans on Highway 46 safety
improvements and will be developing recommendations within the next two months.
Mayor Settle returned discussion to the Councils.
Moved by WilliamslSmith, San Luis Obispo, suggested that the Councils ask SLOCOG to prepare
a draft resolution for the individual Councils to review and adopt and send on to the County if they
wish to move ahead with this type of action.
Discussion ensued on the timing to get a measure to the voters in November
Ron DeCarli said that it was unlikely that all the legal steps necessary to get a measure on the
ballot for November could be accomplished between now and June, and that the measure would
more likely be on the ballot in 1997 or 1998.
In light of Mr. DeCarli's comments, Vice Mayor Williams withdrew the motion but suggested that
the individual cities study this as a possibility for next year. (General consensus.)
8:45 p.m. Mayor Settle called for a ten-minute recess.
8:55 p.m. Mayor Settle reconvened the meeting.
6. The Councils received a report on the Foundation for Community Design.
Rob Rossi, Rossi Enterprises, speaking on behalf of the Foundation for Community Design, said
that this group was comprised of people from throughout the County attempting a grassroots effort
at visioning for the future of the County.
7. The Councils considered recommendations from the planning directors on developing land
use strategies for improving general plan land use compatibilities, and joint planning of the
spheres of influence and planning impact around the cities.
Joint Meeting of the City Councils Page 6
April 25, 1996
Bob !_ata, Community Development Director for the City of Paso Robles, asked the Councils for
direction as to whether the planning directors should pursue coordinating land use policies.
The Councils approved the Planning Directors pursuing these goals.
8. The Councils considered recommendations of the California Constitution Revision
Commission.
John Dunn, City Administrative Officer, City of San Luis Obispo, reviewed the recommendations
of the California Constitution Revision Commission, including a new state/local realignment plan
with each County forming a Home Rule Community Charter Commission in 1997. The charter
would provide for the assignment of local government services and their financing and would be
submitted to the voters for their approval no later than November of 2000.
Mayor Settle encouraged all the cities in the County to attend the League of California Cities
Channel Counties Division meeting in San Luis Obispo in September when Bill Hauck, Chair of the
Revision Commission will be making a presentation.
John Dunn added that a series of seminars would be held this summer and fall, and that he would
urge that one of those take place within this County.
Council Member Smith, San Luis Obispo, called attention to a document relating to the politics of
politeness drafted by the California Elected Women's Association for Education and Research, and
encouraged each Council to consider adopting it as a resolution.
9:15 p.m. There being no further business to come before the Councils, Mayor Settle adjourned
the meeting.
Recorded by:
Kim Condon, Recording Secretary
Assistant City Clerk, San Luis Obispo
J(....T RESOLUTION NO. 01-96
A RESOLUTION OF THE CITIES
OF SAN LUIS OBISPO COUNTY ESTABLISHING
A COUNTYWIDE POLICY FOR PROPERTY
TAX EXCHANGE UPON ANNEXATION
WHEREAS, changing governmental fiscal relationships have required a modification to
the earlier approach to determining property tax exchange between cities and the County
upon annexation; and
WHEREAS, the extent and nature of this modification has been agreed upon through a
process of negotiation between the cities and the County based upon a shared goal of
producing a countywide tax exchange agreement that is fair to all parties; and
WHEREAS, a fair agreement is one that respects the following two principles: (1) that
the County should not "profit" from annexations, nor should annexations result in a net
fiscal loss to the County; (2) that tax exchange practices should not undermine good
land use planning by discouraging cities from pursuing logical and appropriate
annexations; and
WHEREAS, in order to provide objective data upon which to develop an equitable
agreement, the cities commissioned an independent fiscal study of the impact of
annexation and development of vacant lands around cities on County government; and
WHEREAS, the results of this study assisted in the development of a new countywide
tax exchange agreement; and
WHEREAS, upon adoption of the agreement, the County and the cities will continue to
collaborate on related matters of shared importance, including: (a) following adoption by
the Board of Supervisors, reconsidering a countywide development impact fee program,
which may include appropriate city impact fees for county development occurring in the
unincorporated fringe of cities for which a clear City impact can be determined; and (b)
support existing policies which encourage urban -like development within the boundaries
of cities.
NOW, THEREFORE, BE IT RESOLVED by the City Councils of the Cities of San Luis
Obispo County:
For "raw land" annexations prezoned commercial or industrial, the County
retains the existing property tax base and all of the future Propertv tax
increment.
2. For annexations prezoned residential, the County retains the
existing property tax base and two-thirds (66%) of the future property tax
increment.
Resolution No. J01-6 Page 2
3. For commercial and industrial annexation areas already substantially
developed, tax exchange will be negotiated on a case-by-case basis
between the annexing city and the County to determine an appropriate
property tax -sharing arrangement, based upon the principle of fiscal
neutrality for the County.
4. For annexations prezoned agricultural, the County retains the existing
property tax base and all of the future property tax increment.
5. The County and the cities agree to re-examine the above policies at five-
year intervals to assure that they remain appropriate and current for all
parties.
PASSED AND ADOPTED by the City Councils of the Cities of San Luis Obispo County
at a special joint meeting thereof held on the 25th day of April, 1996.
ATTEST:
�C ~
CIT CLE K
ATTEST:
CITY CLERK
ATTEST:
AYLL
CITY CLERK
MAYOR OF ATASCADERO
(Not adopted)
MAYOR OF GR VER BEACH
Resolution No. J01-96
ATTEST:
ATTEST:
CITY CLERK
ATTEST:
CITY CLERK
MAYOR OF MORRO BA
MAYOR OF PASO ROBLES
(Not participating)
MAYOR OF PISMO BEACH
(Not participating)
MAYOR"OF SAN LUIS OBISPO
Page 3
JOINT RESOLUTION NO. 02-96
IN SUPPORT OF THE COUNTY BOARD OF SUPERVISORS ENFORCEMENT OF
ALL LAWS REGARDING THE HANDLING, CLEAN-UP AND DISPOSAL OF
HAZARDOUS SUBSTANCES BELONGING TO UNOCAL CORPORATION
WHEREAS, at the April 25, 1996 meeting of all City Councils of San Luis Obispo
County have convened and determined that all cities will support environmental
protection within this County; and
WHEREAS, Unocal Corporation is responsible for mitigating hazardous spills; and
WHEREAS, Unocal Corporation is obligated to promptly respond to conditions of
remediation as ultimately established by the Regional Water Quality Control Board and
the County of San Luis Obispo; and
WHEREAS, Unocal Corporation's failure to remediate all environmental pollution
will create long-term liabilities and costs for the citizens of this County; and
WHEREAS, the cities of this County have an obligation to protect their residents
from the effects of hazardous spills within their communities; and
WHEREAS, successful efforts in this regard will protect the health and safety of
our citizens, and will further mitigate legal and financial impacts on our communities;
and
WHEREAS, Unocal should work with and keep cities and the County informed as
to their remediation measures; and
WHEREAS, the Cities in the County of San Luis Obispo hereby agree to support
the following resolution.
NOW, THEREFORE, BE IT RESOLVED, the Cities of San Luis Obispo County do
formally support the County Board of Supervisors in their efforts to enforce all laws
regarding the handling, clean-up and disposal of hazardous substance contaminations
belonging to Unocal.
PASSED AND ADOPTED by the City Councils of the Cities of San Luis Obispo
County at a special joint meeting thereof held on the 25th day of April, 1996.
Resolution No. J02-96
ATTEST:
r'
j
ATTEST:
CITY CLERK
ATTEST:
A:TQt2X L�IAQ,16-e
CITY CLERK
ATTEST:
CITY CLE
ATTEST:
CITY CLERK
Page 2
• r • r r• • r 4
C
MAYOR OF ATAscAbERO
MAYOR OF GROVER BEACH
MAYOR OF PASO ROBLES
(Not participating)
Resolution No. J02-96
MAYOR OF PISMO BEACH
ATTEST:
(Not participating)
CITY CLERK
Page 3
RESOLUTION NO. 03-96
A RESOLUTION OF THE CITY COUNCILS OF THE CITIES
OF SAN LUIS OBISPO COUNTY SUPPORTING ADOPTION
OF A VALIDATING ACTIN RESPONSE TO SANTA CLARA
COUNTY LOCAL TRANSPORTATION AUTHORITY VS.
GUARDINO
WHEREAS, the California Supreme Court recently issued a decision in the case of Santa
Clara Local Tran i n Authri ino, the effect of which decision is to require
voter approval for the imposition or increase of a special or general tax as set forth in
Proposition 62 (Government Code Section 53273); and
WHEREAS, the Guardino decision reverses prior court decisions that previously found the
voter -approval requirements of Proposition 62 for a general tax were unconstitutional; and
WHEREAS, if the collection of new taxes or tax increases adopted by elected boards,
subsequent to the effective date of Proposition 62 and prior to the effective date of the Guardino
decision, is prohibited and/or, if the retroactive refund of tax collections is mandated, then the
Cities of San Luis Obispo County and a large number of other local governments will
experience severe financial crises, necessitating major reductions in public safety and other vital
public services; negating contractual commitments; and, quite possibly, leading to default on
credit obligations or, at the very least, substantially reducing the credit -worthiness of local
governments; and
WHEREAS, extensive costs, fiscal uncertainty, and a major threat to public services are
certain to arise from retroactive application of the Guardino decision and from the confusion that
will result if clear and timely policy direction is not forthcoming from the State in the aftermath
of the announcement of the Guardino decision, thereby decimating services provided through
the Cities' General Funds; and '
WHEREAS, a bill has been introduced in the California State Senate, SB 1590
(O'Connell), which would provide for the prospective application of Proposition 62, so that it
does not apply to taxes instituted without voter approval between the date of adoption of
Proposition 62 and the date it was validated by the California Supreme Court, December 14,
1995.
NOW, THEREFORE, BE IT RESOLVED by the City Councils of the Cities of San Luis
Obispo County as follows:
That the California State Senate and Assembly are urged to actively support the
passage of SB 1590 or any similar legislation requiring that the Guardino decision be
applied prospectively; and
2. That the passage of SB 1590 or similar legislation be adopted as soon as possible; and
RESOLUTION NO. J03-96
PAGE 2
3. That the City Clerk is directed to forward this Resolution to State Senator Jack
O'Connell and State Assembly Member Tom Bordonaro at the earliest date possible
after its adoption and to distribute copies to the Board of Supervisors.
PASSED, APPROVED, AND ADOPTED this 25th day of Apri 1 , 1996.
ATTEST:
RIM
ATTEST:
a
.t
CITY CLERK
ATTEST:
CITY CLERK
MAYOR OF GROVER BEACH
MAYOR OF PISMO BEACH
(Not participating)
RESOLUTION NO. J03-96
PAGE 3
ATTEST:
ATTEST:
CITY CLERK
ATTEST:
CITY CLERK
MAYOR OF PASO ROBLES
(Not participating)
M YOR 1 F ATAS - DERO