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HomeMy WebLinkAbout1988-06-07; City Council; 9463; Reinstatement of Mr McBane: Planning CommissionE 9B# 9463 MTG. 6/7/88 DEPT. CM W 0 TITLE: REINSTATEMENT OF KIP McBANE TO THE PLANNING COMMISSION k 0 W CIFpOF CARLSBAD - AGENP BILL CITY ATP/V_!& CITY MORS- RECOMMENDED ACTION: Consider reinstatement of Mr. Kip McBane to the Planning Commission as requested by Counci 1 Member Mark Pett ine. ITEM EXPLANATION: In a letter dated May 19, 1988 to the Mayor and Council Members, Council Member Pettine respectfully requested that Mr. McBane be reinstated to his former position on the Planning Commission. EXHI BIT : 1. Letter to the Mayor and Council Members from Council Member Pettine, dated May 19, 1988. rn May 19, 1988 Exhibit 1 TO : MAYOR & COUNCIL MEMBERS FROM : Council Member Mark Pettine SUBJECT: REINSTATEMENT OF PLANNING COMMISSIONER McBANE Recently the City Council removed Planning Commissioner Kip McBane for alleged misconduct. The central charge against Mr. McBane was that he used staff time for an improper purpose (i.e. in preparing an open space map for a citizen who later used the map in an initiative). It is alleged that the use of staff time for such a purpose is improper without Council directive. I believe the Council's action was unjustified and unduly harsh. Additionally, the Council's action set a precedent that may be difficult to reach. Since Mr. McBane's dismissal it has been learned that staff time has been used without Council directive for the following purposes: 1. To assist the political advisory group of Mayor Lewis (i.e. the Kitchen Cabinet) in the preparation of agendas for its regular meetings. 2. To provide free copies of City documents for a political activist involved with the neighborhood citizens for the beach. According to this citizen these documents were provided over a period of many months in 1985 due to the intervention of Council Member Kulchin. This is in conflict with the normal policy of the City Clerk's office that requires citizens to pay for these services. 3. To recently assemble and provide Council Member Mamaux with a master mailing list containing names of business leaders in Carlsbad. The City Manager has indicated that to the best of his knowledge this particular list has not been used for any mailing concerning city business. The City Manager advised that there has only been one such City mailing to date and that mailing was done months earlier for the businessman's luncheon. Staff memoranda indicates that this list may have been used for private purposes. Whether this is true or not, staff time was used for its compliation without Council directive. May 19, 1988 -2- Without expressing an opinion on the propriety of the above apparent violations of this newly enacted precedent, but in the interest of fairness and consistency, it is respectfully requested that Commissioner Kip McBane be reinstated forthwith. MA@ V. PETTINE Council Member cc: City Manager i .: t i May 23, 1988 TO: CITY COUNCIL MEMBERS FROM: Mayor Bud Lewis COUNCIL MEMBER PETTINE'S INQUIRY CONCERNING MAYOR PRO TEM KULCHIN GIVING MRS. MAUCH ACCESS TO FREE CITY DOCUMENTS I have read the statements pertaining to the Council inquiry from the City Manager, Michael Holzmiller (Planning Director), and Bonnie Sadiasa (Executive Assistant to City Council). Tem Kulchin and asked her about this inquiry. I have also contacted Mayor Pro Mayor Pro Tem Kulchin indicated that she may have assisted Mrs. Mauch in getting copies of City doucments. was appropriate in view of Mrs. Mauch's participation in the North Beach Study and her role as an active citizen. She also indicated that she felt it Based on this input I see no reason to pursue this matter further. there is any additional information available on this matter, please do not hesitate to inform me. If Mayor mhs c: City Manager City Attorney 3 May 23, 1988 TO: MAYOR LEWIS FROM: City Manager COUNCIL INQUIRY Council Member Pettine has called to ask if citizen Ann Mauch has received free City documents from City offices and if that was due to the intervention of Mayor Pro Tern Kulchin authorizing her to get free copies of public docu- ments. I have reviewed this item with staff. Mr, Holzmiller, Planning Director, recalls providing material to Ms. Mauch, but not as a result of any inter- vention from Mayor Pro Tem Kulchin. A memo from Mr. Holzmiller is attached. Lee Rautenkranz, City Clerk, indicates that Ms. Mauch did receive copies of City documents from the City Clerk’s office, but she was charged for them. In reviewing this at a staff meeting this past Wednesday, a couple of staff members recall giving Ms. Mauch copies of material, but they all felt it was related to the North Beach Study and had no recollection of any intervention from Mayor Pro Tem Kulchin. If you need additional information or clarification, please contact me. 7 -4 RAYMOND R. PATCHETT mhs Attachment c: City Attorney May 17, 1988 TO: CITY MANAGER FROM: Planning Director Attached is a summary of Ann Mauch's involvement in the North Beach Planning/Traffic Study to the best of my recollection. Once the study was started, she was provided copies of the consultant's work and gave input as the Chairperson of the Neighborhood Study Group. Also attached are some references to the Neighborhood Study Group. MICHAEL J. HOLZMILLER mhs Attachments I- C-- I .. . 1. 2. 3. 4. 5. 6. 7. 0. She made presentation to the Citizens Committee for Review of Land Use Element requesting that the North Beach Area be made a Special Treatment Area. She served on the Committee that prepared the RFP and selected the consultant to prepare the North Beach Planning/Traffic Study - other two members of Committee were Bob Ladwig and Jeanne McFadden. She declined to serve on the Council-appointed Technical Advisory Committee to work with staff and the consultant on the preparation of the study. She was the Chairperson for the Neighborhood Study Group which was to give resident input to the Consultant. She was sent copies of draft reports submitted by the consultant as the Chair of the Neighborhood Study Group. She went on a tour of the North Beach Area with the consultant as part of the Neighborhood Study Group. She attended the first public input session held by the consultant. Her input was incorporated by the consultant into the Goals section of the North Beach Study. She attended the Planning Commission and City Council public hearing on the study and spoke generally in opposition to the recommendations believing that they did not go far enough. . *- c 2323 Nortn Braaaway Sanra Ana financial Conre1 If surrr 200 Ou8de 1 _- DOUgl.8, /e $anta Ana. CA 92706 71 4 -973480 Engineers Archrrecrs Planners DecemSer 4, 1985 Mr. Michael J. Holzmiller Land Use Planning Manager City of CarlsSad 1200 Elm Avenue Carlsbad, California 92008 Dear Mr. Holzmiller: In response to your letter of November 25, 1985 we are pleased to supply the enclosed materials which clarify our proposal for conducting the Planning/Traffic Study for the Northern Beach .4rea of Carlsbad. This letter is an addendum to our proposed scope of services. Items in the original scope which are not discussed herein remain intact as part of our proposal. Additional information on each of the items in pour letter is given below: 1. 2. 3. 4. As stated in our proposal, traffic and circulation issues will be addressed in detail for the entire study area. The detailed land use and planning study will cover the entire Special Treatment Area designated by the City Council. The land use inventory of the entire study area will be derived from existing sources plus a generalized field check. In the Special Treatment Area a parcel- by-parcel inventory will be conducted. Unique resources, including physical, aesthetic, social and economic characteristics will be identified. As noted in our proposal, our analysis will include peak season conditions generated by recreation users, and will be based on the normal circulation system in the study area. Data collected before and after the temporary closing of Carlsbad Boulevard (a six-month improvement project which was begun in November, 1985, and is expected to be completed in six months) will be used to verify "normal" conditions. In light of the issues to be addressed in this study, and the need for close coordination with the community, we welcome the creation of a Technical Advisory Committee and neighborhood study group. We have found the input these types of groups can provide to be valuable on many of our past projects. We will meet with the Technical Advisory Committee during the project initiation task and at each of the three key review points during the study process. We will meet with the neighborhood study group twice, including one rneeting to help define goals, objectives, and issues. -4s indicated, we will use the requirements of the beach overlay zone as the starting point for the land use analysis in the Special Treatment Area. A Century of lngineering Ex cell ence I.. . .. c I r I - I I I .. . A u A \I i I ... ._ * BEACE AREA STUDY TECHNICAL ADVISORY COMMITTEE Tony Howard-Jones 2748 Waterbury Way Carlsbad, CA 92008 (619) 729-1 579 Jeanne B. McFadden 1331 Chinquapin Carlsbad, CA 92008 (619 1 729-7432 Mary Melideo 159 Hemlock Avenue Carlsbad, CA 92008 h - (619) 729-8076 w - (619) 434-3147 Mario Monroy 3610 Carlsbad Blvd. Carlsbad, CA 92008 (619) 729-7242 Roy Sanchez 3482 Roosevelt St. Carlabad, CA 92008 (619 1 729-8229 Chamber of Commerce Planning Commission Traffic Safety Commission Property Owne r/Res ident Housing/Redevelopment Ann Mauch Neighborhood mwy 3710 Garfield Street aroup Chairperson Apt. B Carlsbad, CA 92008 (619) 729-1088 Nancy Rollman Michael Holzmiller (619) 438-5591 ~ Planning Department Staff :- May 17, 1988 TO : F 3c ."r : Bonnie Sa2iasa RZCOLLZCTION OF ITEXS WZ DISCUSSED TODAY 7. ---&\T>T >L?ZSC? P40TO COPIES I 20 recall scnetine aqo (;+hen we were in the old offices) of Ann Xauseh ccming to the Coui?cil office and being GFset Lllat the Clerk's office YrES going to cnarge her for photo copies for infcrnation on a cormittee she was getting information for. but I do recall being told something to tne effect that if coxnittee nenbers needed copies of city information, could make copies for them without' charging for the copies. You asked about a letter from Ann Kulchin to this effect, and I do not recall seeing any such letter. c '- I don't remember who or the circumstances, that we 1 ..- L .. May 27, 1988 TO: CITY COUNCIL MEMBERS FROM: Mayor Lewis KITCHEN CABINET INQUIRY Council Member Pettine Kitchen Cabinet is a m body. has asserted that staff time in preparing for the suse of staff time, and that the.Cabinet- s a pol tical The Kitchen Cabinet was established in 1987 and at that time I stated, "The purpose of the Kitchen Cabinet is to assist me in keeping in close touch with the citizens of Carlsbad in each quadrant. I want to be aware of the things going on in this town and to be able to resolve issues before they get to be major problems. " It is apparent to me, based on the make-up of the Cabinet, that this is a group of Carlsbad citizens that I meet with to get input about the City of Carlsbad. It is not a political action group or campaign committee and that is based on the fact that there are representatives from all segments of the community on the Cabinet. Also by the fact that every meeting is publicly noticed by a press release. The Kitchen Cabinet is distinctly separate from my campaign organization. Finally, in our roles as representatives of the citizens of Carlsbad, one of our primary functions is to get information about the City of Carlsbad. is all that I utilize the Kitchen Cabinet for. If any Council Member has information to the contrary, please contact me. That Mayor mhs c: City Manager City Attorney ii I , May 27, 1988 TO: MAYOR LEWIS FROM: City Manager KITCHEN CABINET INQUIRY Council Member Pettine has asserted that staff time has been used without Council directive to assist Mayor Lewis’ political advisory group (Kitchen Cabinet). Per your direction, I have reviewed this with staff. from Bonnie Dominguez (Executive Assistant to City Council), and Marilyn Strong (Secretary to City Manager), outlining their work for the Kitchen Cabinet. Attached are statements If you need additional information or clarification, please contact me. RAYMOND R. PATCHETT mhs Attachments c: City Attorney May 26, 1988 TO : CITY MANAGER FROM : Marilyn Strong INQUIRY REGARDING KITCHEN CABINET Each Friday while distributing the City Manager's Weekly Newsletter, I make an additional 21 copies to be mailed to the Mayor's Kitchen Cabinet. In addition to the newsletter, a copy of the weekly City Council Meeting Agenga is also mailed. xeroxing of both items, folding, labeling and stuffing the envelopes) is approximately 20-25 minutes. The total time it takes for this process (including crxu-puw MARILYN STRONG Attachments n *. KITCHEN CABINET MEMBERS Barbara Donovan 2530 Abedul Street Carlsbad, CA 92009 Bob Holmes 810 Caminito Rosa Carlsbad, CA 92009 Jim Gaiser 3340 Ridgecrest Drive Carlsbad, CA 92008 Marv Capp 3580 Trieste Drive Carlsbad, CA 92008 Josie McClorid Jim Hicks 902-G Carninito Madrigal - 2910 Managua Place Carlsbad, CA 92009 Carlsbad, CA 92009 Joseph M. Vigil, M.D. Tom Erwin 2805 0.cean Street, #D 7703 Garboso Place Carlsbad, CA .92008 Carlsbad, CA 92009 Mike Glass 3340 Bajo Court Carlsbad, CA 92009 . .! . ,*;: Seena Trigas . 6430 Flamenco Carlsbad, CA 92009 Bill Dominguez 4378 Adams Carlsbad, CA 92008 Kathy Regan 7728 Palacio Drive Carlsbad, CA 92009 Carl Miller 2035 Basswood Carlsbad, CA 92008 Bob Caggiano 4075 Syme Drive Carlsbad, CA 92008 Frank Aleshire 2809 El Rastro Carlsbad, CA 92009 Don Pool 1778 Butters Road Carlsbad, CA 92008 David Castner 1550 Sunrise Circle Carlsbad, CA 92009 NEWSLETTER ONLY Chamber of Commerce P.O. Box 1605 Carlsbad, CA 92008 Chuck French 6532 Ocean View Drive Carlsbad, CA 92009 Bob Ladwig 3289 Donna Drive Carlsbad, CA 92009 Jerry Tarman 7051 Snapdragon Drive Carlsbad, CA 92009 Jerry Rornbotis 1730 Calavo Court Carlsbad, CA 92008 * Glenn McComas 1265 Cynthia Lane Carlsbad, CA 92008 Jack Schurnaker 7217 5an Miguel Carlsbad, CA 92009 Bob Greaney CRMWD 5950 El Camino Real ' "' January 1988 CITY MANAGER'S NEWSLETTER Distribution 190 copies total Commissions Parks & Recreation Commission 7 Library Board of Trustees 5 Traffic Safety Commission L5 Personnel Board 5 Housing & Redevelopment Advisory Cornmission 9 Cable Television Foundation 7 Arts Commission 7 Historic Preservation 5 Senior Citizen Commission 5 Departments Building 4 Municipal Projects 5 Parks 4 Fire 5 U /M 1 City Cierk 22 Housing 1 D PS 3 Planning 4 Redevelopment 2 Engineering 5 Police 4 City Attorney 3 Counci i 5 Person ne1 3 Assistant City Manager 1 Crapics 1 R/AG 3 CM Council Agenda Book 1 Fi na nce 5 Risk Mgmt. 2 Library 14 1 for each newspaper slot Arts Office 2 Purchasing 1 Secretary to I' 'I I' 1 . Mavor's Kitchen Cabinet Copy of Newsletter and Council Agenda is mailed to each member on the mailing list t Misc. One copy of Newsletter only goes to: Chamber of Commerce Glenn McComas Jack Schumaker P.O. Box 1605 1265 Cynthia Lane 7217 San Miguel Carlsbad, CA 92008 Carlsbadc CA 92008 Carlsbad, CA 92009 Bob Greaney . CRMWD 5950 El Camino Real Carlsbad, CA 92008 r. May 24, 1988 TO : CITY MANAGER FROM: Bonnie Dominguez STAFF ASSISTANCE TO THE MAYOR'S KITCHEN CABINET As staff person to th Mayor and Council, my duties include assisting the Mayor with the Kitchen Cabinet activities. I would estimate that I spend approximately one hour a month on these activities, which occur on a bi-monthly and 1. 2. 3. 4. 5. - sometimes monthly basis: Type and mail the bi-monthly meeting notice and agenda. Prepare and distribute a press release of the date, time and location of the meetings. Type up phone referrals on Kitchen Cabinet items for the Mayor. Typememos to City Manager from the Mayor on items from Kitchen Cabinet meetings which need review and action. Maintain updated membership list, and file on the Kitchen Cabinet. I MAY 19, 1988 TO : ALL COUNCIL MEMBERS FROM: MAYOR LEWIS Re. Councilman Pettine's Inquiry Concerning a CEEQ Mailing List for Councilman John Mamaux I have read the statements of the City Manager pertaining to the Council inquiry, that of Marilyn Strong, secretary to Mr. Mamaux, and that of Bonnie Sadiasa, the Council's secretary, and I have also called Mr. Mamaux and asked him questions concerning the inquiry. Mr. Mamaux has indicated that he requested the list for CEEQ purposes as a board member of CEEQ, and is entitled to the list. Based on this input, 1 see no reason to pursue this matter further. If any additional information is available on this, please contact me. &JL LAUDE A. "BUD" LEWIS c: City Manager City Attorney 1 LI MAY 18, 1988 TO : MAYOR LEWIS FROM: City Manager COUNCIL INQUIRY Per your request, t have reviewed the inquiry that Marilyn Strong worked approximately 90 minutes on compiling a list of large businesses in Carlsbad that was allegedly used for Coun- cilman Mamaux's speakers bureau. I have reviewed this item with staff and find that Ms. Strong and Ms. Sadiasa have information relative to this matter. Memos from each are attached. If you have need for additional information, or clarification, please contact me. RAYMOND R. PATCHETT c: City Attorney -. May 16, 1988 TO : CITY MANAGER FROM : Marilyn Strong MAILING LIST FOR JOHN MAMAUX One Wednesday morning approximately ne month ago ( I do n t recall the exact date), John Mamaux called 'and asked mefor a copy of the mailing list we used for invitations sent to the CEOs in Carlsbad for the first CEEC luncheon. These invitations were not addressed from only one list, but rather from two or three lists, business cards, etc. To make it easier for John, I decided to combine the lists to create one computer list, which took approximately 60-90 minutes. When I first started the list, I had absolutely no idea for what purpose he wanted the list. After I gave him the list, he thanked me and made mention of some sort of mailing which was going to be done, and referred to his newly formed speakers bureau. directly stated what the list was for, but after this conversation I surmised that was the intended usage of the list he had requested from me. He never I do not believe John realized I had to actually put any time into combining the lists, but rather that he was simply asking for a copy of something which already existed in the file. # MARILYN STRONG 8 I- .. May 17, 1988 TO : CITY MANAGER FROM: Bonnie Sadiasa RECOLLECTION OF ITEMS WE DISCUSSED TODAY SPEAKERS' BUREAU INFORiiTION As stated, in a conversation with Mark Pettine on the Kip McBane issue, the subject of the Speakers' Bureau came up as well as the question as to whether any work was being done through City Hall. I told Mr. Pettine that the only mention of the Speakers Bureau that I could recall was one that I had heard several weeks ago from Marilyn Strong. This came about in general office "chit chat", on a day that as I recall we were very busy, and Marilyn stated something to the effect that on top of everything else, she had had to spend additional time that morning looking up phone numbers for Mr. Mamaux for the Speakers' Bureau. J f.. , ,- i c mc UU L m U r", c. -c t Y . L. C c p: 0 c 0 ea d t - L- -3 offl n u L' U LL; 0 11' c C' L U 'Llt Cr EL! 0, P d 0 LJ 1 t '. L rm c , S. ELAINE LYTTLETON 4210 Sunnyhill Drive Carlsbad, CA 92008 (619) 43e-2059 June 6, 1988 Carlsbad City Council 1200 Elm Avenue Carlsbad, CA 92008 Attention: Dear Mayor Lewis & Council; During the entire Kip McBane controversy, certain basic principles of city government seem to have been overlooked. There are five city council pQople who have enormous volumes of information to read and study on a myriad of subjects in order to make educated decisions in the best interests of our city. There are, in factl so many reams of paper to read and issues to study each week that it would choke a dinosaur. cS5 a result, a support system has been set up. This Support system is a number of: committees and commissions made up of appointed community spirited volunteers. The main function of each of: these groups is to read some of the reams of paper and study some of the issues and to report their findings and recommendations to the city council. This take5 some of the pressure off the burdened COUnCil members. Naturallyl in order to make educated decisions in the best interests of our city, the council needs to be receiving accurate, educated, unbiased rt?pOrtS and recommendations from their commissions and boards. In order for this to happenc each appointed member of these groups has to have the best interests of the City of Carlsbad and its Citizens at heart when studying the issues and casting his or her vote. If at any time an issue comes vp which personally affects the commission member or his family# and therefore may color his opinion and vote, he should abstain from the process on that issue. Likewise, being appointed to serve the city council and the citizens generallyr he should neve7 use his imaginary influence to demand staff time and resources unless at the direction of council. Wr. McBane has violated the trust the council put in him and therefore the trust the citizens had in him. The "map flap" is not the first time MT. MCBane has used his position on the Planning Commission to personal ends. Early in his term an issue came up at Planning Commission concerning the street where he lives. At that point he should have abstained from any discussion and vote on the subject. Instead, after the public -. 1 a hearing at which his wife addressed the commission using her b. malden namer he proceeded to cast his Vote. On yet another occasion, the Commission was considering propertq in Mr. Mcbane's neighborhood. Though it was legally proper for him to vote on the issue [outside a 600 foot raai~s?~ tne professional thing to do would have been to abstain. As it was, his was the swing vote on tne matter. Are these the kind of recommendations we want city council to receive from their support 5yStem in Order to make decisions in CaTlSbad's best Interest57 Let's replace Mr. McBane and his audacious behavior with someone who understands the comrnltment to city not self that commis5ion wark demands and the citizens deserve. Yours truly, 8. Elaine Lyttleton /SEt