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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