HomeMy WebLinkAboutMinutes 101089 MEETlNQ /�A�1�1
Minutes approved by
Council, as submitted
10/30/89
ATASCADERO CITY COUNCIL
MINUTES
OCTOBER 10, 1989
The regular meeting of the Atascadero City Council was called to
order at 7:00 p .m. by Mayor Dexter followed by the Pledge of
Allegiance lead by Sarah Gronstrand.
ROLL CALL:
All Present :
Councilmembers Lilley, Shiers, Mackey, Borgeson and Mayor
Dexter.
Staff: Ray Windsor, City Manager ; Henry Engen, Community
Director ; Chief Bud McHale, Police Department ; Jeff
Jorgensen, City Attorney; Andy Takata, Director of
Parks, Recreation and Zoo ; Mark Joseph , Director of
Administrative Services; Fire Chief, Mike Hicks and
Boyd Sharitz , City Clerk .
Mayor Dexter proclaimed the week of October B-14 as "Fire
Prevention Week" and presented the proclamation to Fire Chief,
Mike Hicks.
CITY COUNCIL COMMENTSs
None.
COMMUNITY FORUMS
Steve LaSalle read the attached prepared statement regarding the
selection process in choosing the most recent appointee to the
Planning Commission. He stated he will return to the next
Council meeting and read the answers from Council to the public .
John McNeil stated that 6 months ago he spoke regarding a Board
of Supervisor ' s meeting at which time they considered the
frequent and flagrant violations of the grading permit process.
He said the stated at that time Atascadero is having the same
problems with many violations of our grading permit process and
he thought it would be appropriate that our Planning Department
would take a look at what was being done at the County. The
Mayor instructed staff to do so at that time. Six months have
gone by and the Board of Supervisors have voted to make the first
infraction of the grading permit process a misdemeanor. It is
about time that Atascadero do the same. It is about time
something is done about the previous speaker ' s comments and Mr .
McNeil 's also.
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City Attorney, Jeff Jorgensen, indicated that the County revised
their code to make all violations of land use entitlement an
infraction as a way of streamlining the enforcement process
because they had so many enforcement actions and they found that
wasn ' t enough to deter people because the penalty for an
infraction was less than the cost of a permit . So they did in
fact make recent changes which would allow them to prosecute
under a misdemeanor violation.
Under the Atascadero Municipal Code we have the authority to
prosecute any land use or building code violation as a
misdemeanor and that is the way it has been since incorporation.
There is the ability to charge certain offenses as infractions if
that is considered proper and more efficient.
Councilwoman Borgeson said that what the public is saying to
Council is that when the public speaks and asks to look into an
item, what they are asking for is an answer and when directed to
have staff bring that information back, it should be forth
coming .
A. CONSENT CALENDARS
1. SEPTEMBER 260 1989 CITY COUNCIL MINUTES
2. REQUEST FOR A ONE-YEAR TIME EXTENSION FOR TENTATIVE PARCEL
MAP 26-879 11300 VIEJO CAMINO (Yamabe L Horn Eng./Vanden
Berghe Development)
3. TENTATIVE PARCELMAP 16-89p 9350 SANTA CURZ - Subdivision of
one parcel containing approx. 9.63 ac. into two lots of 4.0
ac. and 5.63 ac. (Lobo Investments/Pace)
4. ACCEPTANCE OF FINAL PARCEL MAP 43-e7, 8500 EL DORADO - Sub-
division of 5.02 ac. into four parcels, three containing
20,000 sq. ft. each, and one parcel of 3.64 ac. (Lindsey/
Engineering Development Associates)
5. APPROVAL OF CONTRACT FOR ENGINEERING TECHNICIAN, DAVID BRASS
6. AWARD OF BID FOR PLANNING DIVISION UTILITY VEHICLE TO PETE
JOHNSON CHEVROLET
7. ACCEPTANCE OF RECENTLY CONSTRUCTED ROADS INTO THE CITY-
MAINTAINED ROAD SYSTEM:
A. RESOLUTION NO. 64-89 - ACCEPTING ALEGRE AVENUE
B. RESOLUTION NO. 81-89 - ACCEPTING RAYAR ROAD
8. RESOLUTION NO. 77-89 - DESIGNATING A STOP INTERSECTION ON
SIERRA VISTA AT MONITA AVENUE
9. RECOMMENDATION FOR ESTABLISHMENT OF STOP INTERSECTIONSe
A. RESOLUTION NO. 78-89 - DESIGNATING A STOP INTERSECTION
ON LAUREL AVENUE AT SANTA LUCIA AVENUE
B. RESOLUTION NO. 79-89 - DESIGNATING STOP INTERSECTION ON
CENEGAL AVENUE AT LAUREL AVENUE
Councilwoman Borgeson asked that item #3 Tentative Parcel Map 16-
89 be pulled from the consent calendar and continued until the
next council meeting .
Philip Baldner of Volbrecht Surveys responded to Council
questions.
It was the consensus of the Council to have this item continued
until the October 30th meeting for staff input and to have it
scheduled as a public hearing .
Councilwoman Borgeson asked that item #7 Acceptance of Recently
Constructed Roads into the City-Maintained Road Systems A.
Resolution No. 64-89 - Accepting Alegre Avenue B. Resolution No.
81-89 - Accepting Rayar Road be pulled from the Consent Calendar
for further discussion. Council discussion followed.
MOTIONS By Councilwoman Mackey, seconded by Councilman Lilley
to approve all Consent Calendar Items except Item A-3.
Passed unanimously by roll call vote.
B. HEARINGS/APPEARANCESs
1. APPEAL BY TURKO SEMMES OF INVESTIGATION FEE CHARGED FOR
GRADING WITHOUT A PERMIT AT 12070 SAN MARCOS ROAD
Henry Engen, Community Development Director , gave the staff
report with the recommendation for denial of the appeal .
Council discussion followed.
Turko Semmes said he does not feel the investigation fee is
justified. There was no work done on the site that requires a
permit . The grading that was done is exempt (UBC Section 7003,
line items 8 and 9) . The site is on a major old farm road that
attached Paradise Valley and the top of San Marcos Rd . That road
has been there over 20 years. The grading was already there and
the house has been designed around that grading by putting it in
two levels. The sand that was piled up was brought in for
future use. Only very minor grading was done. He put in a pipe
for the gas line but this does not require a permit. There are a
lot of reasons you can dig a trench that does not require a
permit . It was his intent not to use the pipe for gas unless he
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had a permit . Mr. Semmes answered questions from Council .
Henry Engen responded that the $1590 fee has been established as
a precedent to discourage violations as noted by earlier
community forum comments. Our Senior Building Inspector visited
the site twice before the permit was issued and verified site
activity clearly showing work was begun without a permit .
Council discussion followed.
MOTIONa By Councilman Shiers, seconded by Councilwoman Borgeson
to deny the appeal . Motion failed by 3:2 vote with
Councilmembers Lilley, Mackey and Dexter voting no .
MOTIONi By Councilman Lilley, seconded by Mayor Dexter to
accept the appeal . Motion was amended to read : to deny
the appeal but reduce the fine to the sum of $100.
Also that there be a communication with the
Contractor 's Assoc. to clarify the City 's regulations
not allowing commencement of work without a permit .
Passed by 3:2 vote by roll call vote with
Councilmembers Shiers and Borgeson voting no.
MAYOR DEXTER ASKED FOR A RECESS AT 8115 P.M. MEETING RECONVENED
AT evao P.M.
C. REGULAR BUSINESSo
1. SALARY ADJUSTMENTS AS A RESULT OF THE FY 88-89 WAGE AND
CLASSIFICATION STUDYs
A. RESOLUTION NO. 73-89 - ADDING 7 DELETING VARIOUS JOB
CLASSIFICATIONS AND ADOPTING A SALARY/CLASSIFICATION
SCHEDULE FOR VARIOUS MANAGEMENT, MID-MANAGEMENT/PRO-
FESSIONALO CONFIDENTIAL AND ATASCADERO PUBLIC SAFETY
TECHNICIANS ORGANIZATION (APSTO) EMPLOYEES
B. RESOLUTION NO. 74-89 - AMENDING THE EMPLOYMENT AGREE-
MENT BETWEEN THE CITY OF ATASCADERO AND RAY WINDSOR,
CITY MANAGER.
C. RESOLUTION NO. 75-89 - APPROVING NEW SALARIES FOR CITY
CITY AND CITY TREASURER.
Mark Joseph, Administrative Services Director gave the staff
report with the recommendation for adoption of resolutions,
adjusting salaries for the City Manager , City Clerk , City
Treasurer and various Management , Mid-Management/Professional ,
Confidential and Atascadero Public Safety Technicians
Organization (APSTO) employees.
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MOTIONS By Councilman Lilley, seconded by Councilwoman Borgeson
to approve Resolution No . 73-89. Passed unanimously by
roll call vote.
MOTIONS By Councilwoman Borgeson, seconded by Councilman Shiers
to approve Resolution No . 74-89. Passed unanimously by
roll call vote.
MOTIONS By Councilwoman Mackey, seconded by Mayor Dexter to
approve Resolution No. 75-89. Passed unanimously by
roll call vote.
2. HAZARDOUS WASTE PILOT PROGRAM FUNDING
Councilwoman Mackey gave the report . Council discussion
followed.
It was the consensus of the Council to refer to the City Manager
that the Council is in agreement and willing to cooperate and a
statement or resolution be drafted to indicate this.
3. SELECT DATE FOR CITY ATTORNEY INTERVIEWS.
Mayor Dexter gave the staff report based on the memo Council
received from the City Manager .
Lengthy Council discussion followed .
Council directed staff to place display advertisements with City
Logo contained in them in the following newspapers: Santa Maria
Times, Atascadero News, Telegram Tribune and the News Press.
Deadline for applications will be November 1 and the interviews
will be held all day on November S. It will be decided at the
next Council meeting whether it will be an open or closed
session. Councilmembers Borgeson and Lilley, City Manager and
City Attorney will serve on the Committee to develop this
recruitment .
4. RESCHEDULE END MEETING IN OCTOBER DUE TO LEAGUE CONFERENCE
ATTENDANCE.
Mayor Dexter said that due to the League Conference it will be
necessary to change the next Council meeting . It was the
consensus of the Council that the next Council meeting will be
Monday, October 30, 7 p .m. in the Rotunda.
5
D. jNDIVIDUjAL DETERMINATION AND/OR ACTIONs
1 ° City Councils
Mayor Dexter read a proclamation for Red Ribbon Week during the
week of October 22-29. The proclamation was given to Police
Chief, Bud McHale. Red ribbons were handed out the Council and
staff present.
Councilwoman Borgeson asked that staff re-evaluate the developer
fees in relationship to other cities in the county. City Manager
Ray Windsor said his office will be doing this, going one step
further doing all fee structures for the City.
Councilman Shiers said he would like staff to look into how you
define the cumulative impact of development and how does that tie
in with the City ' s zoning ordinance and sub-division ordinance
and whether 10% slopes required a CEQA determination.
Councilman Lilley asked to have a Growth Management Committee
Meeting as soon as possible to review anything that might impact
this city in light of the current debate. City Manager Ray
Windsor said one will be held the first week of November .
Councilwoman Mackey discussed the Colony Days Parade. Councilman
Lilley said he is working on cars for the Council to ride in.
2. City Attorneys None
3. City Clarks None
4. City Treasurers None
5. City Managers None
MEETING ADJOURNED AT lOml5 P.M. UNTIL THE OCTOBER 30w 1989
REGULAR COUNCIK. MEETING.
Y
MINUTES RECORDED BY:
BOYD C. SHARITZ, CITY CLERK
PREPARED BYs
GEORGIA RAMIREZ, ACTING DEPUTY CITY CLERK
7
October 10 , 1989
Honorable Mayor and Members of the Council ,
As you know, several people from the public, including
myself, questioned the selection process in choosing the
most recent appointee to the Planning Commission. The
meeting was chaired by Mayor Dexter.
I refer to my letter published in the Atascadero News, dated
August 16 , 1989 ' . . . From the standpoint of fairness, the
voting pattern is even harder to justify. After the first
round the two candidates that received the least votes were
eliminated. After the second round the candidate that
received the least votes was not eliminated. When
questioned, Mayor Dexter decided without obtaining a
consensus from the Council that this was acceptable. This
candidate went on to become the eventual winner. . . " .
I call your attention to Resolution No. 35-81 , titled
"Resolution Adopting Procedures for the Selection of
Committee, Commission and Board Members" . See section 4 .
pharagraph c . "The candidate or candidates receiving a
majority of the votes of the Council members present shall
be appointed. In the event that no candidate or candidates
receive a majority vote or in the event of a tie vote, `then
a run-off ballot or ballots will be cast, following the
procedure of sub-paragraph a. above, until a majority is
reached. The run-off candidates will consist of all
candidates receiving at least two ( 2) votes and if no
candidates have received at least two (2) votes, then those
receiving at least one ( 1 ) vote will participate in the run-
off balloting. This procedure shall be continued until a
majority vote is cast" .
I am submitting this in writing anAI wish a written response
to the following questions :
1 . Was and is the Council obligated to follow Resolution
35-81 in the selection process of a Planning
Commissioner?
2 . Did the Council follow Resolution 35-81?
3 . If Resolution 35-81 was not followed, what rules,
regulations, procedures or resolutions did Mayor Dexter
follow?
1
If the Council was obligated to follow Resolution 35-81 then
it is obligated to correct the flawed balloting process .
After the second round it had been narrowed down to Mildred
Copelan and Jim Herman. According to Resolution 35-81 one of
those two candidates should be selected for the Commission.
I will be back in two weeks to read your answers in public .
Very truly yours,
Stephen P. La Salle
See enclosures :
1 . Resolution No. 35-81
2 . Letter to the Editor, Atascadero News, Aug. 16, 1989 ,
Questions Procedure
3 . North County Tribune, Aug. 17 , 1989 , Resident ' appalled'
at city' s selection process , by Ryan McCarthy
4 . Council ' s voting pattern for most recent appointed
Planning Commissioner ( first three of five ballots )
2
RESOLUTION NO. 35-81
RESOLUTION ADOPTING PROCEDURES FOR THE SELECTION OF *;
COMMITTEE, COMMISSION AND BOARD MEMBERS
The Council of the City of Atascadero hereby resolves as follows:
Section 1. Purpose.
The purpose of this resolution is to establish procedures for the
City Council to follow in recruiting, selecting and appointing members
to the standing committees, commissions or boards created pursuant to
statute or by action of the City Council.
Section 2. Recruitment and Eligibility.
Announcements of openings for any committees, commissions or
boards to which members are appointed by the City Council will be
through the local news media. All electors of the City of Atascadero,
over the age of 18, and meeting any announced additional criteria as
established by the City Council shall be eligible to apply.
Section 3. Interviews.
All candidates meeting the criteria established in Section 2 will
be interviewed by the City Council during a properly noticed meeting
Section 4. Selection.
a. Council members will vote for the candidate (s) of their
choice by placing their name and circling the name of
their . selection (s) on a ballot form provided by the City
Clerk. Candidates' names will be placed in alphabetical
order on the ballot form.
b. After the City Council has had an opportunity to make
its individual determination, the City Clerk will col-
lect the ballots and will announce first the Council
member 's name and second the name(s) of the candidate (s)
of that Council member 's choices)
C. The candidate or candidates receiving a 'majority of the
votes of the Council members present shall be appointed.
In the event that no candidate or candidates receive a
majority vote or in the event of a tie vote, then a run-
of
f ballot or ballots will be cast, following the proce-
dure of sub-paragraph a. 'above, until a majority is
reached. The `run-off candidates will consist of all
candidates receiving at least two (2) votes and if no
candidates have received at least two (2) votes, then
those receiving at least one (1) vote will participate
in the run-off balloting. This procedure shall be con-
tinued until a majority vote is cast.
LETTER TO THE EDITOR
ATASCADERO NEWS, AUGUST 16, 1989
QuGStions
ure; .,
Dear Editor:
I attended the recent
Atascadero City Council .inter-
views..to fill the Planning Com-
mission vacancy. It seems to me
that the rules of fair play in.the
selection,process were violated. I
realize that the position of Plann-
ing Commissioner is not a paid
position and therefore many rules
and regulations that apply to
employment interviews do not
necessarily come into 'effect.-
However,
effect:However, equitable treatment .
and fairness should still apply.
Councilman Lilley was not pre-
sent for the first two interviews,
but he. still voted on all can
didates. Even .when this pro-
cedure was questioned, Mayor
Dexter decided without obtaining
a consensus from .the .entire
Council that this would be accep-
table.
ccep table.
,'!,-,From I.Jhe;,.standpoint:.-of
even harder to justify. After the
first round the two candidates
that received the fewest votes
were eliminated.After the second
round the candidate that received
the fewestvotes was not
eliminated. When questioned,
i"Mayof� Dexter decided without
obtaining the consensus from the .
Council that this•was acceptable.
This candidate.;went on to
L Become the'eventual winner'.",
Is this a;example of the.make-
it-up-as-you-go-along procedure
now ::used'�to . conduct City`'
business
Stephen La Salle
i
esident 'ap .alle 'at cit 's selection �cessp y 4;
y Ryan McCarthy as commissioner. arrived late for the meeting andh
elegram-Tribune He replaces Michael Tobey, who missed their interviews.
resigned in May for health reasons. Additionally,Hanauer was not elin
ATASCADERO — An Atascadero The vote for a new commissioner inated as a candidate despite receive,
esident..,who, was a consultant to . split the council along slow growth;�ing only a single vote in the. early
ties on personnel matters said he is and pro-development lines,with Han; rounds,LaSalle said
appalled" at..how the City Council auer winning votes_ from bovncll _. Finally, he questioned a statement
elected a new planning commission- members Robert Lilley,Rollin Dexter by Mayor Dexter that a candidate...
r;-There and Marge Mackey.
" was no sense of fairness," James He y could t show
receive°council the
votes even if he
aid Steve LaSalle, , Herman, who ran for City did not show up for the interview. "
Council last year on a slow-growth "That is totally out of the realm of
City officials:defended the process, platform, won votes from Council any interview situation I've ever been
A. owever. A personnel department members Bonita Borgeson and Alden in," LaSalle said of Dexter's com
okeswoman said planning commis- Shiers.Herman,a county government ment.
Toners are pot,,city employees, so employee, formerly worked as a LaSalle, who also worked for the
rural rules for`hiring personnel do builder contractor in Southern Cali- State Personnel Board, asked "what
x"ott apply to the'commission. forma. kinds of rules and procedures are
After taking.five votes, the council LaSalle, who has been active in they following?" He said children'
ajority iday''finally selected J. slow-growth efforts, wanted Lilley to picking teams for schoolyard games
onald Hanauer;'a former Los Ange- abstain from.voting on Herman or
s Chamber,of Comm "erce executive, Hanauer, because the councilman pay e a better sense of honor and fair
"That's Mr.LaSalle's point of view,"
Dexter responded, "and I'm going to
stick by my guns." .
.Dexter called the council prose-
dures fair and Lille s voting g proper.
NORTH COUNTY TRIBUNE "I'm the mayor," Dexter said. "I
had to make.a decision and I did it."
August 17, 1989 fey,an attorney,was late getting
.to Friday's meeting because of a court
hearing.
He. said Friday that he knew
Herman from the city council cam-
Paignand knew Hanauer from a local
service club.
Candidates for the planning com-
mission' submitted written state-
ments, Lilley noted. "An interview is-
part of an overall impression,,, he
added..
Herman.said that he would like to
see Lilley's vote stricken and for the
council-to vote again on a planning
commissioner.
Hanauer"s'aid this week-that it
would have been"disastrous"for his
try to win a commission post if Lilley
had.not voted, but that the council-,,
man's Participation was proper be-
cause he knew the contenders.
-As -the council vote for a new
commissioner developed Friday,Mar- _
gey Mackey became the swing vote in -
the selection of Hanauer.
Herman`had two votes, Hanauer_
had two-Votes,and Mackey supported
former Planning commissioner
Mildred Copeh-a...
After the council twice deadlocked
with two votes apiece for Hanauer
and Herman,with Copelan getting the
fifth vote, Mackey announced she
would support Hanauer.
She said after the meeting that she
supported Hanauer because he had a
business background, as did Michael
Tobey.
City Clerk Boyd Sharitz said this
�veek that only three of the five
7ouncil members turned in evaluation
heets used to help mate candidates.
M
COUNCIL' S VOTING PATTERN FOR MOST RECENT APPOINTED
PLANNING COMMISSIONER (FIRST THREE OF FIVE BALLOTS)
First ballot :
Dexter Hanauer
Lilley Copelan
Mackey Johnson
Borgeson Herman
Schiers O' Keefe
Note:
The following people received no votes and were eliminated:
McNew, Sharp
Second ballot :
Dexter Hanauer
Lilley Copelan
Mackey Copelan
Borgeson Herman
Schiers Herman
Third ballot:
Dexter Hanauer
Lilley Hanauer
Mackey Copelan
Borgeson Herman
Schiers Herman