HomeMy WebLinkAboutMinutes 04089711
Meeting Date: 7/22/97
Approved as Submitted
ATASCADERO CITY COUNCIL
APRIL 8, 1997
MINUTES
Mayor Johnson called the meeting to order at 7:04 p.m. and Councilman Clay led the
Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Carden, Clay, Lerno, Luna and Mayor Johnson
Absent: None
Others Present: Marcia M. Torgerson, City Clerk
Staff Present: Robert Grogan, Interim City Manager; Roy Hanley, City Attorney;
Steve DeCamp, Acting Community Development Director; Lt. Bill
Watton, Acting Chief of Police; Brady Cherry, Community Services
Director; Cindy Holton, Deputy City Clerk; Kelly Heffernon, Admin-
istrative Analyst; Geoff English, Recreation Coordinator;
PROCLAMATIONS:
The Mayor read the following proclamations:
• "Atascadero State Hospital Volunteer Recognition Day", April 16, 1997 - Although not
present at the time of issuance, the proclamation was later accepted (under
Community Forum) by Larry Kessinger of Atascadero State Hospital.
• "Electrical Safety Month", May 1997 (SLO County Labor Management Cooperation
Committee) - Accepted by Ron Nabors, President of Local 639, Intl. Brotherhood of
Electrical Workers.
• "California Earthquake Preparedness Month", April 1997 - No one formally accepted
the proclamation, however Acting Police Chief Watton announced that public
information regarding earthquake preparedness is available at the police and fire
stations, as well as at City Hall.
• "National Library Week", April 13-19, 1997 - No one present to accept.
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COMMUNITY FORUM
Raymond Jansen, 6655 Country Club Dr., Atas., proclaimed that he is an idealist and
shared that he will duplicate copies of newsletters put out by two Quaker Organizations—
the Friends Committee on Legislation in Sacramento and the Friends Committee on
National Legislation in Washington --and make them available at 50 per page to anyone
interested. He invited the Council to consider subscribing.
Joan O'Keefe, 9985 Old Morro Rd. East, read a prepared statement (Exhibit A, attached)
taking issue with comments made during an oral presentation by City Attorney Roy Hanley
at the March 25' City Council meeting concerning enforcement of the Tree Ordinance.
Eric Greening, 7365 Valle Ave., (1) shared the concerns of the previous speaker, (2)
encouraged that the City Council take a strong lobbying position to encourage the
County's restoration of an 18% cut in the library operating budget which occurred
approximately four years ago due to the fiscal emergency in the state at that particular
time; (3) noting that the revised Draft EIR on the Salinas Dam raising by the City of San
Luis Obispo is likely to be made publicly available soon, he encouraged that the issue of
earthquake safety of a higher dam be closely scrutinized in the interest of public safety;
(4) announced that tomorrow evening Dan Verden of the Bicycle Federation of America
will be giving a presentation on bicycle- and pedestrian -friendly communities at the SLO
Vets Hall, 6:00 p.m.; (5) on Friday, Stan Claussen, Planning Director of Aspen, CO, will be
visiting San Luis Obispo and giving a speech at Cal Poly at 8:10 a.m. on the topic of how
the downtown was made more pedestrian -friendly and how downtown parking & access,
multi -modal and regional transportation planning issues were addressed.
Larry Kessinger of Atascadero State Hospital thanked the Council for proclaiming April 16'
"ASH Volunteer Recognition Day" and formally accepted it from the Mayor.
CITY COUNCIL COMMENTS
Mayor Johnson expressed the City Council's condolences to City Treasurer Rudy
Hernandez, whose mother passed away on Friday, April 41H
Mayor Johnson announced a meeting is scheduled for 6:00 p.m. on April 17th regarding
compliance with the Americans with Disabilities Act, to be held in the 4t' Floor Rotunda
Rm. Additional information is available from Brady Cherry.
Mayor Johnson announced a meeting is scheduled for 7:00 p.m. on April 24th regarding
the site selection for a north county campus of Cuesta College, to be held in the 4th Floor
Rotunda Rm. It is being co-sponsored by Cuesta College, Sen. Jack O'Connell and the
City of Atascadero. The public is encouraged to attend and participate in the discussion.
Mayor Johnson asked City Attorney Roy Hanley to make a brief presentation on how to
process the consent calendar. Mr. Hanley did so, noting that the voting procedure the
City has been using is correct, according to Govt. Code Seca 87102.5 (which sets out the
rules for declaring conflicts of interest and removal from a vote). Related discussion
ensued. Councilman Luna suggested, and the full Council concurred, that there be a
policy among the Council members that they individually should state a potential conflict
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on consent calendar items and, therefore, will not vote on them. Should such items be
pulled for separate discussion, the member with the potential conflict will step down from
the dais so as not to participate in the discussion and vote. Staff was reminded to list the
names of applicants on all items.
A. CONSENT CALENDAR:
1. CITY COUNCIL MINUTES - January 28, 1997 [Marcia Torgerson]
(City Clerk recommendation: Approve)
2. CITY TREASURER'S REPORT - January, 1997 [Rudy Hernandez]
(City Treasurer's recommendation: Review & accept)
3. CITY TREASURER'S REPORT - February, 1997 [Rudy Hernandez]
(City Treasurer's recommendation: Review & accept)
4. TENTATIVE TRACT MAP 95001, 8805 ATASCADERO AVE. - Consideration of
final tract map to divide two existing parcels into five lots of one-half acre each
(net) for single-family residential use [Steve DeCamp]
(Staff recommendation: Approve)
5. TENTATIVE PARCEL MAP 96015, 5075 TRAFFIC WAY - Consideration of
application for the creation of five airspace condominium units within three
industrial buildings currently under construction (Gearhart/Cannon Associates)
[Steve DeCamp]
(Planning Commission/Staff recommendation: Approve)
6. AWARD OF BID FOR PURCHASE OF ELECTRICAL CONTROLLER FOR
WASTEWATER PUMPING STATION NO. 3 [Mark Markwort]
(Staff recommendation: Award bid)
7. RESOLUTION NO. 22-97 - Approving a Memorandum of Understanding with the
Atascadero Unified School District for the Atascadero Family Preservation Project
[Brady Cherry]
(Staff recommendation: Adopt)
Councilman Lerno pulled Item A-5, Councilman Clay pulled Item A-4 and Rush Kolemaine
pulled Item A-6 for separate discussion.
Motion: By Councilman Luna, seconded by Councilman Clay, to approve
Items A-1,2, 3 and 7. Motion passed by 5:0 roll -call vote.
Re: Item A-4: Steve DeCamp provided a brief overview of this item. There was no public
comment.
Motion: By Councilman Carden, seconded by Councilman Luna to approve
Item A-4. Motion passed by 5.0 roll -call vote.
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Re: Item A-5: Councilman Lerno stated he has a conflict of interest on this item. There
was no public comment.
Motion: By Councilman Carden, seconded by Councilman Clay, to approve
Item A-5. Motion passed by 4:0 roll -call vote, with Councilman
Lerno abstaining.
Re: Item A-6: Brady Cherry provided a brief overview of this item.
Public Comment
Rush Kolemaine, Box 1990, Atascadero, expressed concern about items such as this
which appear with little information as to cost for the benefit of the public. It was
clarified that the complete agenda packet is available at the public library, Room 107 of
City Hall, as well as the City Clerk's Office. The City Manager was asked by Mayor
Johnson to take under advisement the expressed concerns as to what information appears
on the face of the agenda.
Motion: By Councilman Clay, seconded by Councilman Carden, to approve
Item A-6. Motion passed by 5:0 roll -call vote.
B. PUBLIC HEARINGS:
1. 1997 COMMUNITY DEVELOPMENT BLOCK GRANT [Steve DeCamp]
(Staff recommendation: Recommend specific 1997 CDBG allocations to be
included in the County Consolidated Plan)
Steve DeCamp introduced Kelly Heffernon, who has been overseeing the current cycle of
the CDBG program and provided the staff report. He noted that Dana Lilley of the County
was available to assist in the presentation. Council questions and discussion followed the
staff report.
Councilman Luna asked for evidence of how the Economic Vitality Corporation has
benefitted the low- and moderate -income people of Atascadero since the City's award of
$85,000, plus administration fees, to the EVC revolving loan fund last year. Susan Cotler,
EVC Board President, provided a status report. She indicated the EVC Loan Committee
will review a $150,000 application which has been submitted. She reviewed the major
goals of the EVC, which are business retention, expansion and the attraction of new
businesses. She noted there is an obligation for businesses to repay borrowed funds
within a 3 -year timeframe, so the funds remain available for other business opportunities
within the City. She urged Council's support and consideration of the requested funds
and responded to additional questions.
Lengthy staff and Council discussion ensued, including the topic of the CDBG funds
allocated for the Carlton Hotel project.
Councilman Luna asked for a report on how last year's award to the EOC was spent. Jim
McNamara, EOC Program Director, provided a status report. He conveyed that about
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$7,000 has been used to date, and he expects the total of the $16,000 allocated last
year by the Council for senior housing to be expended within the contract year (October
'96 to October '97).
Councilman Clay commented that he is aware that the individual(s) attempting to
purchase the Carlton Hotel are concerned that the City may not be supportive of the
project, given the problems encountered with the previous developer. Steve DeCamp
commented that the Carlton Hotel is, personally, his first priority for construction in the
City, and his department staff have consistently provided a high level of support toward a
successful project. He reiterated staff's reasons for not recommending funding in this
CDBG cycle were that there was no clear indication of a viable purchaser or project, so it
was simply not a competitive application.
Several Councilmembers voiced that they continue to support a viable Carlton project.
Public Comment
Jose Lemos, Director of FORSA Federation, an advocacy group for affordable housing
throughout the county, expressed a concern he continually hears about the need for a
focus on the production of jobs which provide upward mobility and livable wages. He
encouraged the Council to monitor the use of the funds which become more precious
every year to assure their benefit to low-income persons.
Leon Korba, Santa Ana Rd., commented on questions that he feels should be clearly
answered relating to (1) the 20% of administrative costs on CDBG grants and what per-
centage of loan funds remain, and (2) what investigations are done on the organizations
who are awarded funds to ensure they are used as intended.
Janice Casaca, 8075 San Marcos, representing the Tot Lot Committee, asked for Council
support of the full amount of their application and outlined their fundraising efforts to
date.
Linda Lawhorn, 2763 Saddleback, Paso Robles, spoke in support of the Tot Lot
Committee application, noting her family uses the Lake Park frequently. She added that
she has a child with special needs and that there are no play areas in the north county
which accom-modate such children, which the Tot Lot -planned play area will do.
Susan Macari, representing the BIA, spoke in support of the EVC's application. She noted
the number of vacant buildings in the City's downtown area, the attitude of the BIA for
business retention `and the need for a strong sales tax revenue base.
Nicole Johnson read a letter on behalf of Linda Stewart, Director of Atascadero Coop Pre -
School, in support of the Tot Lot Committee application.
Cheryl Fraggione, Moms Club President, spoke in support of the Tot Lot Committee
request.
Rush Kolemaine, Box 1990, asked how the Fire Dept. qualifies for the funds requested by
them, to which Fire Engineer Steve Knuckles responded. He reported that the funds will
be used for asbestos removal and the separation of the fire apparatus and medical clean -
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up area away from the firefighters' living quarters. An emergency exit from the living
quarters is also planned. Mr. Kolemaine expressed opposition to the use of these grant
funds for the needs expressed.
Dale Magee, 6920 Serra Ave., spoke in support of the Fire Department's full request for
$76,000 and that the difference between what is being requested and what staff is
recommending be taken from the EVC allotment.
Dana Lilley, County Planning & Building/CDBG staff contact, expressed he has been
working with City staff to bring closure to the problems encountered with the Carlton
funding and that the County supports the project. He reviewed how disbursements from
HUD for the various grant awards are handled and responded to questions from Council.
He added that he has been working closely with City staff on the current CDBG applica-
tions and staff's recommendations are true.
Eric Greening, 7365 Valle, suggested that the City assure that it is included in the
reporting loop on how grant money is to be used and then how it was actually spent, as
most grant sources generally require. He feels the delay in the creation of jobs from last
year's EVC grant award is surprizing and that if no other source is available to draw from
to fund the Fire Dept.'s request, the money should come from the EVC's allotment.
Kendra Parker, 4242 Shadow Canyon Rd., Templeton, spoke in support of the Tot Lot
request.
Brief Council discussion followed the public comments.
Motion: Councilman Carden, seconded by Councilman Luna, to approve staff
funding recommendations for applications 1, 3, 6, 7, 8, 9, 10 and
11, with 20% administration fee. Motion passed by 5.0 roll -call
vote.
-- COUNCIL RECESSED FOR A BREAK FROM 9:10-9:20 P.M. —
C. REGULAR BUSINESS:
1. RESOLUTION NO. 21-97 - Authorizing the execution of an agreement between the
City and Beach Cycle Rentals for boat & equipment rentals at Atascadero Lake Park
[Brady Cherry]
(Parks & Rec. Commission recommendation: Adopt)
Brady Cherry provided staff report and responded to questions from Council.
Public Comment
Eric Greening, 7365 Valle, asked if we know what the price of the proposed concessions
will be and if some of the current fleet could be retained and offered at reduced rates so
as not to price out low-income persons. Brady responded that, to be successful, the
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rentals will need to be at market-based prices but supported Mr. Greening's suggestion
and said that staff could offer some of the older paddle boats to be offered for reduced
rental rates.
Motion: By Councilman Carden, seconded by Councilman Lerno, to adopt
Resolution No. 21-97. Motion passed by 5.0 roll -call vote.
2. NOTIFICATION OF PROPOSED SOLID WASTE RATE INCREASE, EFFECTIVE MAY
1, 1997 [Bob Grogan]
(Staff recommendation: Information only)
Bob Grogan provided a brief overview, noting this is an information item only and requires
no action by the Council.
Public Comment
Mike Hoover, General Manager of Chicago Grade Landfill, conveyed that the City
comprises 2/3 of their revenue and the landfill is interested in keeping the lines of
communication open and in the continuation of the present arrangement. This represents
a cost of living adjustment (COLA) and there is no merit increase proposed.
Daphne Fahsig, 5105 Llano Rd., asked if there can be some consideration for those who
do not put out much volume, e.g. base the rate on pick up instead of a set amount per
week. Mayor Johnson responded that this is an information item only and the rate
structure is not under consideration at this time.
3. AMENDMENTS TO METHOD OF APPOINTMENT OF CITY BOARDMEMBERS &
COMMISSIONERS [Roy Hanley]
A. Ordinance No. 327 - Amending Sections 2-9.01, 2-12.01 and 2-13.03 of
the Atascadero Municipal Code to provide a method of appointment of
Planning Commissioners, Parks & Recreation Commissioners and members
of the Building & Construction Board of Appeals
(Staff recommendation: Motion to waive reading of ordinance in full and
introduce on first reading, by title only)
B. Resolution No. 23-97 - Amending the appointment process for City boards
& commissions
(Staff recommendation: Adopt)
Roy Hanley provided staff report and responded to questions from Council.
Public Comment
Rush Kolemaine, Box 1990, expressed appreciation for the efforts to reform the appoint-
ment process. He asked whether the Council intends to have the City Clerk recruit at
specific times of the year or will a list be developed in advance of anticipated vacancies.
Marcia Torgerson responded that past practice has been to notify applicants from the
previous recruitment to ascertain their interest in being considered for appointment to
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1
vacancies, but advertisements have been done announcing the vacancies and current
applications have been required.
Eric Greening, 7365 Valle, expressed the opinion that there is no need to make a change
in the current procedures.
Joan O'Keefe, 9985 Old Morro Rd., supported the comments of the previous speaker.
Ray Jansen, 6655 Country Club Dr., expressed opposition to a change in the procedure.
Dorothy McNeil, 8765 Sierra Vista, read a prepared statement (Exhibit B, attached)
summarizing her investigation of how past recruitments for various City positions have en
handled and reflecting support for a democratic selection process.
Leon Korba, Santa Ana Rd., asked if the Council could nominate individuals for appointed
positions if they are not able to make a selection through the voting process. Roy Hanley
responded that nominations could be made concurrent with submitted applications—they
would not have to come after review of applicants.
Geri Brasher, 3202 Monterey Rd., spoke in support of maintaining the current process of
appointment, in the interest of democracy.
Barbie Butz, 3370 San Fernando Rd., a Parks & Recreation Commissioner, expressed the
opinion that the interview process is good for everyone, whether applicants are considered
by application or nomination
Additional Council discussion followed.
Motion: By Councilman Carden, seconded by Councilman Lerno to introduce
Ord. No. 327 on first reading, by title only, with the following
amendment to Section 3 [added language in italics]:
"...and may continue to serve by resolution of the City Council after
the expiration of the stated term until such time as the City Council
selects a successor."
Motion passed by 4:1 roll -call, with Councilman Luna opposed.
It was noted that the Council's intent in the stated language of Section 3 is that, on the
expiration of a term an individual would be considered, if they so chose, to remain after
the expiration of their term until the reappointment process is complete.
Motion: By Councilman Lerno, seconded by Councilman Carden, to adopt
Res. No. 23-97. Motion passed by 4:1 roll -call vote, with
Councilman Luna opposed.
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Page 8
D. COMMITTEE REPORTS (The following represent standing committees. Informative
status reports will be given, as felt necessary.):
S.L.O. Council of Governments/S.L.O. Regional Transit Authority - Meets tomorrow.
Mayor Johnson will sit in for Hal Carden. There was discussion on SLOCOG's discussing
a possible change in meeting days.
County Water Advisory Board/Nacimiento Water Purveyors Advisory Group - Councilman
Clay reported that the paper has been reporting the topics under discussion by the board.
The issue of body contact at Lake Nacimiento will hopefully be resolved.
Economic Round Table - Ken Lerno indicated that Chris Bonnema has accepted his
nomination to the ERT.
Air Pollution Control District - Councilman Clay reported that the main issue under
discussion is the APCD's attempt to separate itself from the County Health Dept. Further
recommendations are pending.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council - Councilman Luna requested that the Council write a letter over the Mayor's
signature to the Board of Supervisors requesting a restoration of the 18% in library funds
(mentioned by Eric Greening under Community Forum). The Mayor directed the City
Manager to draft such a letter.
Councilman Carden announced he will be unable to attend the Council's April 16' and
April 22"d meetings.
Councilman Luna indicated he would be interested in hearing Councilman Carden's
opinions on the Pavilion funding issues. Roy Hanley suggested Councilman Carden could
write a statement to be shared at the April 16th workshop. Councilman Carden indicated
that he would prefer to read the information which may come from the workshop, which
might modify any recommendations he may have prior to the workshop.
Mayor Johnson conveyed that he and Councilman Clay attended the League of CA Cities
Channel Counties meeting last Friday, where there was suggestion that the cities pass a
resolution relating to solid waste adjustment methodology. Councilman Luna noted that
the IWMA passed a resolution requesting the state to change the methodology. The
Mayor recommended that the City place a similar resolution on the Council's agenda for
considera-tion.
Mayor Johnson asked that the City's computer system be checked to assure that there
will be no problems at the year 2000, as will be an apparent problem with some computer
systems.
Mayor Johnson noted a problem of waste bin theft is being experienced in the City. Chief
Watton said this is a recent problem. Staff was asked to check with Waste Alternatives
concerning the availability of replacement bins.
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Page 9
1
City Clerk - Marcia Torgerson noted the meeting schedule she prepared, which is available
to all who are interested. Staff has a goal of producing the Council agenda one week in
advance of the meeting. She also has prepared a follow-up chart, per Council direction,
for agenda items or Council direction at meetings and asked for the Council's input in
order to keep the list up to date.
City Manager - Bob Grogan reported that the Assembly Local Government Committee
approved returning the 1992-93 property taxes, which were lost, back to cities. It goes
next before the Senate Appropriations Committee. He asked for Council support of that
legislation, and the Mayor directed that he prepare a letter over his signature. Mr. Grogan
indicated he will find out what the legislation might mean in terms of annual revenue to
the City.
F. STATUS OF CITY COUNCIL REFERRALS:
1. General Plan Economic Development Element - "Development Incentives" (Hal
Carden) Handout.
Bob Grogan reported that information on this file will be distributed to the Council and will
be put on an agenda when Councilman Carden returns from his vacation.
2. Zoo/Pavilion workshop scheduled for Wednesday, April 16, 1997 at 6:00 p.m
(Brady Cherry)
(Staff recommendation: to continue Pavilion review to another date)
Brady Cherry commented that it had been previously suggested at a Council meeting that
the Zoo and Pavilion workshops be combined. Staff questions whether this would be
wise, due to the complex issues and anticipated public input on both subjects. Council
consen-sus was to conduct separate workshops, with the Pavilion subject as scheduled on
the 16tH
G. ADJOURNMENT:
The City Council adjourned at 10:50 p.m. to a workshop at 6.00 p.m. on
Wednesday, April 16, 1997, for purposes of (1) review of the Pavilion, (2) to
award a public works contract for the Traffic Way and El Camino Real Bikeway
Projects and (3) to approve two tree removals in connection with the El Camino
Real Bikeway Project. Said meeting shall be held in the Rotunda Room (4' Floor) of
the City Administration Building, 6500 Palma Avenue, and is open to the public.
MINUTES RECORDED BY:
MARCIA M. TORGERSON, City Clerk
CINDY L. HOLTON, Deputy City Clerk
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Page 10
ATASCADERO CITY COUNCIL
MINUTES, 4/8/97, EXHIBIT "A"
(PAGE 1 OF 3)
Mayor Johnson, Councilmen 4-8-97
At the last CC meeting in March an oral presentation was
made by Roy Hanley, city attorney regarding enforcement of
the tree ordinance.
Based on the presentation the editor of the Atas News wrote
an article which appeared on the front page. No doubt most
people who read the article assumed the information was The
Truth.
I have listened twice to the tape of that presentation.
Some of what Mr. Hanley said was just plain incorrect, other
comments were what I would call distortions - not quite
wrong but taking advantage of the public, including the
Council's, lack of information. At the end of the
presentation Councilman Clay said "wasn't the complaint he,
meaning Mr. Gearhart, removed 100 trees, he could have
removed 200. He was fined $1080 for starting too soon. So
basically everything is okay." I can understand how
Councilman Clay drew that conclusion, that's what he heard.
Quoting portions of Mr. Hanley's presentation: A certain
individual took over a portion of an approved project. The
project already had a mitigated neg dec I am not sure
of the motivation but the developer started early.... the
property was red tagged .....they all met in the field
...the developer has his permit in place.(quoting) Steve,
please interrupt me if my numbers are incorrect. As
permitted the Ardilla Rd. extension would have allowed him
to destroy approximately 200 trees. Is that correct? (no
audible comment) The developer felt if he realigned the
road within the easement already existing he could save
approximately 100 of those trees and he requested of staff
they cut him a little leeway in terms of for instance , say
there was a tree he could tear down ..that he might be able
to save if they would cut him a little leeway as to when he
ATASCADERO CITY COUNCIL
MINUTES, 4/8/97, EXHIBIT "A"
(PAGE 2 OF 3)
put up his orange barriers ...or how long they were exposed
he thought he could save a significant number of trees.
The facts are, and I've written letters to the editor
regarding this, I've spoke to staff and to the council, are
that for this portion of the Project, 960 feet of The
Project, 80 trees were to be destroyed. Mr. Gearhart did
not save 100 trees but he probably did not remove all of the
80 trees identified because he found that sometimes it costs
less to keep a tree in place. Its called a saved tree
although it has been impacted by the construction.
Mr. Hanley said the developer requested staff cut him a
little leeway as to when he put up the orange barrier or how
long the tree was exposed. Well this deal was cut after the
trees were cut down. A city employee, who has no arborist
training viewed the area from the rough cut road on a
Thursday or Friday. This was a very cursory view, the area
was not walked. On Saturday with no one from the city on
site the trees came down.
Later it was noted by some individuals, one a certified
arborist. that the orange fencing had been put in place
after the grading. The tread marks were a dead giveaway. So
staff did not begin any real monitoring until I and some
other people raised a fuss.
As for the large penalty. Mr Hanley sortof distinguished
between his role as city prosecutor and investigative fees
which are administered by staff. Mr. Gearhart paid what is
called an investigative fee for starting work without the
appropriate permit in place. The Uniform Administrative
Code states the investigation fee shall be equal to the
amount of the permit fee. A grading permit is apparently
$540.
ATASCADERO CITY COUNCIL
MINUTES, 4/8/97, EXHIBIT "A"
(PAGE 3 OF 3)
Separate and a part from that fee was a decision to
prosecute. This plan was going to be pursued because Mr.
Gearhart has a history of ignoring city building laws.
Additional fees hadn't been a deterrent. Mr. Gearhart paid
his dble September 1996.
As for $1080 being 4 x's as large as any penalty, I have
copy of letter addressed to Ken Lerno, Jay Miller and Kelly
Gearhart, "We are in receipt of your under protest letter of
April 20 1995 contesting the extra payment of $3,564.16 for
grading without permits at these locations. I also
understand that Mr. Gearhart paid considerably more than
$3500 for work done with out permits on his Paloma Creek
project. Business must be great if he can make a profit and
still pay these double fees.
If staff and the C.C. are to have credibility its important
that the public is not deceived. We have a right to know
what is going on. It is especially important that the
information be correct when these presentations are not open
to the public.
Joan O'Keefe
Oz�ivtl
�1
D
ATASCADERO CITY COUNCIL
MINUTES, 4/8/97, EXHIBIT B
PAGE 1 OF 2
APRIL 8, 1997
To:
ATASCAD.ERO CITY COUNCIL
From:
DOROTHY F. MC NEIL
Recently I called the city clerk's office to request information
about the process used in city appointments in the past. Were
there public interviews; could the public ask questions; were all
applicants interviewed or was a screening to narrow the field us64;
if so, who screened?
I received a call from the city clerk who said I could check the
council minutes, and she would help direct me to the minutes I
needed.
It is now 1997. Reverse the last two numbers and it's 1979, the
year of incorporation. The July 9 minutes said the new council
discussed forming a planning commission and approved 7 rather than
5 members. The record says, "Council. -felt that commissioners should
be selected from the community at large and every effort should be
made to provide a cross section of community interests."(My italics.)
Council met July 17 to interview 25 of 28 applicants. Three did not
show. We have always had plenty of applicants for planning positions.
If there is a scarcity now, the actions of this council may well be
the cause. For example:
Early this year council directed staff to bring back -.a proposal
to change the appointment method of all commissions and boards..
There would be one appointment by each council member, no applies
cations or interviews.
BUT the proposal brought back by staff was entirely different.
It provides for a new ordinance which makes future changes done
by resolution only, not by ordinance which requires hearings.
Two: Council may conduct interviews, and if held they will be in
public. Three:: Council may add additional criteria at any meeting
for applicants to meet. Four::Council may nominate at any regular
meeting and, with a majority vote, appoint. No application or
interview needed. Now council may appear to be democratic, but it
has retained the right to act autocratically.
Who authorized these changes? It was not done in public. Certainly
staff would not initiate them.
LJ
i
D
ATASCADERO CITY COUNCIL
ffjF.�, 4/8/97, EXHIBIT B
To COUNCIL from MCNEIL
I recently received a letter from City Attorney Roy Hanley about
city appointment methods. He stated that the last three city
attorneys were appointed in three different ways. Jeff Jorgeson
was interviewed in public and the public could also ask questions.
Art Montandon was interviewed in public but no public questions
were allowed. When Mr. Hanley was hired, this Council decided no
interviews would be necessary.
The city has gone from public participation, to public observation,
to public shut -out... In addition the Goal Setting meeting of the
Council had no public notice or agenda --a clear violation of the
Brown Act, intentional or unintentional.
And we now have a majority on the council who are afraid to get a
politically incorrect planning commission.
Bob Nimmo told this council that "having a commission out of sync
(with council) is costly to developers who are waiting to get
projects approved." Every council majority since 1979 has bedn
dominated by business and development interests, and those major-
ities have appointed the planning commissions.
Genetlemen, look at yourselves.
sentative of big business, and
shoulder with Nimmo on wanting
A contractor, a realtor, a repre-
a man who stands shoulder to
a rubber-stamp planning commission.
If this city is hanging by the ropes financially, it is not for
want of a business/developer oriented council or commission.
Perhaps it is because you and previous councils have ignored that
healthy "cross section of community interests" and ideas. Maybe
you have become so inbred that you have become near-sighted. Too
much inbreeding in animals produces a weakened species, prone to
disease and often highly irritable.
This city needs to turn away from the inbreeding effects of
secret government. It needs to let the fresh air and ideas of
democracy blow through the planning commission and the council
in order to revitalize the city.
Gentlemen, it is dangerous to be afraid of democracy.
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