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HomeMy WebLinkAbout1988-10-11; City Council; 9684; Conflict of Interest PettineCIT -OF CARLSBAD AGEND, -BILL AB# � , TITLE: DEPT. HD. • r MTG. 10-11-88 CONFLICT OF INTEREST CITY ATTY DEPT. R/AG CITY MG . RECOMMENDED ACTION: Consider Councilmember Pettine's two proposals on Conflict of Interest and take appropriate action. ITEM EXPLANATION: Concilmember Mark Pettine is offering Conflict of Interest proposals covering the "Impact of Lobbying Activities" and the "Solicitation of Money for Private Gain." FISCAL IMPACT: None other than staff time pending City Council action. EXHIBIT: 1. Letter to Mayor and City Council from Councilmember Mark Pettine, dated September 22, 1988. b v w b a ro b a v U N ?4 W cd a v .0 .H N 4 P co co 1 r{ r-i i O O N Z M 0 U wMilft-ft- it September 22, 1988 TO: MAYOR & CITY COUNCIL FROM: Council Member Mark Pettine SUBJECT: CONFLICT OF INTEREST On September 20, 1988 the Council expanded the disqualification limit from 300' to 600'. While there is nothing wrong with this on its face, it does little to address the real source of conflicts of interest -- lobbying activities and money. Does any Council Member really believe that politics in Carlsbad are now cleaner because a Commissioner or Council Member who owns property 599' from a subject parcel cannot vote, while one who owns property 601' away may vote? Since the Council has shown a willingness to expand State Taw in this area, I am offering the following two proposals to address the following problem areas: 1. Impact of Lobbying Activities The public is totally unaware of the intensity of lobbying activity at City Hall. Prior to the enactment of the Growth Management Ordinance in September of 1986, professional lobbyists generally outnumbered the citizens at Council meetings. Once the zone plans required by our new ordinance are complete and more projects again come before the Council, it is anticipated that lobbying will again intensify. The impact of lobbying can be dramatic. For example, on August 20, 1985 after one of the most intensive weeks of developer lobbying in Carlsbad history, Council Member Kulchin cast the deciding vote to approve, in one night, 1,312 residential units along Rancho Santa Fe Ro�:d in La Costa. This was done notwithstanding the dangerous and over -capacity condition of the road. Recognizing how valuable lobbying can be, the Sammis Corporation hired Mrs. Kulchin's 1984 campaign manager to spearhead its projecC. September 22, 1988 Page 2 through the City. After the Sammis project was approved, Mrs. Kulchin's campaign manager left the employ of Sammis to join the La Costa Ranch Company, who now has projects pending before the City. This same campaign manager is now running Mrs. Kulchin's 1988 campaign. While there is nothing illegal about any of this, the public, certainly has a right to know who the professional lobbyists are, who they are lobbying, and when. Therefore, I am suggesting that the Council adopt a Lobbyist Registration: Ordinance patterned after the County of San Diego's. (Attached) This ordinance can be used as a model for discussion, and I am certainly open as to how it can be modified and/or improved for our City. 2. Solicitation of Money for Privace uvain As the Council is fully aware, Council Member Mamaux is actively soliciting money from local Carlsbad businessmen for his own private business. (See attached letter of solicitation dated May 9, 1988). While Mr. Mamaux should be free to pursue his private interests, this method of solicitation certainly raises qustions as it appe=rs to be in conflict with a Fair Political Practices Commission (FPPC) opinion dated :arch 71, 1988. (Attached) Imagine how a local businessman with a project pending before the City feels when he receives one of Mr. Mamaux's letters. Two weeks ago Mr. Mamaux threatened to cut funding to the Chamber of Commerce Tourist Bureau unless the Chamber voted his way. What can a local businessman expect for his project should he decline Mr. Mamaux's solicitation for money? Does he receive favorable treatment if he contributes? September 22, 1988 Page 3 The Council.should direct staff to draft an appropriate ordinance to require disqualification for this type of solicitation done within the City limits. This type of solicitation is unlike a general form of advertising (i.e. billboards or the yellow pages), but is specific and personal in nature. A Council Member or Commissioner should not vote when he or she is directly and actively engaged in this type of solicitation involving specific individuals or businesses within our City c%,ho appear before our Council or our Commissions. Respectfully submitted, MARK V. PETTINE Council Member Attachments e 0 11-87 DIVISION 3 (Added by Ord. No. 4098 (N.S.) Eff. 5-31-73) CHAPTER 1 REGULATION OF LOBBYING ACTIVITIES 23.101 Sec. 23.101. DEFINI`1'IONS. Wheneve.- in this Chapter the following terms are used, they shall have the meanings respec- tively ascribed to them in this section: (a) The term "County decision" means any decision, or recommendation as to a decision, concerning any matter (other than the making of a ministerial decision), whether legisla- tive, administrative, or quasi-judicial, which is pending before or may be submitted to: (1) The Board of Supervisors or any County board, commission, committee or officer; (2) The Board of Supervisors acting as the governing body of any special district, or (3) Any board, commission, committee or officer of such special district for decision. (b) The term "perscn" means an individual. (c) The term "firm" includes a partnership and joint venture. The term does not include a person operating as a sole proprietorship under a fictitious name. (d) The term "gift" includes canceled or forgiven debts and debts which become uncollectible because the creditor does not enforce the right to collect the debt prior to the expira- tion of the applicable period of limitations. (e) The term "County officer or employee shall include all officers and employees of all special districts for which the Board of Supervisors is the governing body. Sec. 23.102. REGISTRATION. (a) Except as provided in Section 23.103, any person who, on behalf of any corporation, firm, organization, or person other than himself attempts to influence any County decision by contacting, personally or by telephone any of the following County officers or employees shall prior to such contact, or within 5 calendar days thereafter, register as a County legis- lative advocate: 23.102 11-87 (1) Members of the Board of Supervisors (2) Members of Planning Commission (3) Members of Assessment Appeals Board (4) Members of Planning Environmental Review Board .and their alternates (5) Members of Civil Service Commission (6) Members of San Diego County Air Pollution Control District Hearing Board (7) Confidential Investigators of. the Board of Supervisors (8) Board Representatives of the Board of Supervisors (9) County Assessor (10) Chief Deputy County Assessor (11) District Attorney (12) Assistant District Attorney (13) Sheriff (14) Undersheriff (15) County Treasurer (16) Chief Deputy County Treasurer (17) Director of Planning and Land Use (78) Members of the Board of Planning and Zoning Appeals (19) Director of General Services (20) Chief Administrative Officer (21) Assistant Chief Administrative Officer (22) Members of San Diego County Capital Asset Leasing Corporation (SANCAL) Board of Directors (23) Director of Purchasing and Contracting (b) A person representing a firm of which he is a member shall be deemed to be representing a person other than himself. (c) A corporation, firm, or organization may elect to register in its own name. The officers and directors set forth in the registration statement of any such corporation, firm, or organization which elects to register shall be deemed to be registered for purposes of this chapter. (Amended by Ord. No. 4543 (N.S.) Eff. 8-14-75) (Amended by Ord. No. 6534 (N.S.) Eff. 2-16-83) (Ord. No. 6540 (N.S.) Adopted 3-2-83, Eff., 4-1-83, supersedes Ord. No. 6534) (Amended by Ord. No. 7400 (N.S.) Eff. 11-27-87) Sec. 23.103. EXEMPTIONS FROM REGISTRATION REQUIREMENT. Registration shall not be required of the following persons: (1) A person whose only contact with any County officer or employee described in Section 23.102 in attempting to influences a County decision consists of speaking at a public rt.. sting or hearing before a board or commission or at a hearing before a County officer, or of sending a written communication to a County officer or employee, or both. (2) An officer or employee of the United States or any state or political subdivision thereof, cities, counties, special districts, or any other governmental entity, representing his governmental employer in the course of his official duties. 11-87 23.103 (3) .� member of the State Bar f California who is performing a service which lawfully can be performed only by an attorney licensed to practice law in California. (4) Any representative of an employee organization while acting pursuant to the Meyers-Milias-Brown. Act or pursuant -to a procedure established by the County in accordance with said Act, contacting an officer or employee of the County other than a member of a board or commission, or contacting a member of a board or commis- sion who has been designated by such board or commission as its representative to meet witn such representative of an employee organization. (5) Any person named as an officer or director of a corporation, firm or organization in the Registration Statement of such corporation, firm or organization filed pursuant to Section 23.102 of this Chapter. (6) Any person brought to a County officer or employee described in Section 23.102 by a person regis- tered pursuant to this Chapter to provide technical or other information. (7) Any person whose contacts with County officers or employees described in Section. 23.102 is limited to routine sales discussions with the Director of Purchasing and Contracting for the purpose of selling goods or services to the County. (Amended by Ord. No. 7400 (N.S.) Eff. 11-27-87) Sec. 23.104. CONTENTS OF REGISTRATION. Any registration made pursuant to Sec,zion 23.102 shall be in writing, filed with the Clerk of the Board of Supervisors, signed by the regis- trant, or an authorized officer thereof, under penalty of per- jury and shall set forth the following information: (1) Registrant's name. (2) Registrant's business address. (3) Name of the person, firm, corporation, or organization represented. If the registrant is employed by a company or firm that itself has been retained by a person, corporation, firm, or organization to obtain a County decision, to which the registrant has been assigned, the registrant shall disclose the names of both his immediate employer and the person, corporation, firm, or organization that has retained his immediate employer. (4) adhere the person registered represents a firm, corporation or rganization, the names of the current officers and directors of the firm, corporation, or organization. This listing of officers and directors shall be updated annually. Sec. 23.105. NOTIFICATInto OF REGISTRATION REQUIREMENT. The Clerk of the Board of Supervisors shall issue, u on e st of any County officer or employee described in Secti�n 2�.jbg a 23.105 11-87 "Notice of Registration Required" to any person believed by such County officer or employee to be required to register under Section 23.102. Any person who in good faith believes that he is not required to register under this Chapter shall not be deemed to have violated Section 23.102 if he registers within 10 days after receipt of notice from the Clerk of the Board of Supervisors that registration is required. Sec. 23.106. DISCLOSURE STATEMENTS. (a) The term "quarter" means the annual calendar quarter of the year, namely, the time periods encompassed by January 1 - March 31, April 1 - June 30, July 1 - September 30, and October 1 - December 31, rF. pectively. (b) Any person registered or required to be registered pursuant to this Chapter, any officer or director of a corpora- tion, firm or organization registered pursuant to this Chapter, and any person, corporation, firm, or organization_ represented by a person registered pursuant to this Chapter, who makes any expenditure of $25 or more on any one occasion, or who expends in the aggregate a total of $100 or more in any one quarter in providing food, drink lodging, transportation, recreation, ser- vice, or any other thing of value, including any gift or political campaign contribution, to an individual County offi- cer or employee described in Section 23.102, whether on his own behalf or on behalf of another, shall file, between the 1st and 15th day of each calendar quarter, a written statement disclos- ing such expenditures made during the preceding quarter. The statement shall be filed with the Clerk of the Board of Super- visors, shall set forth the amount expended and the name of the County officer or employee who received the service or thing of value and shall be signed under penalty of perjury. For pur- poses of determining the amount expended 4uring one quarter, the amounts expended on any one County officer or employee by all representatives, officers, directors and employees of a corporation, firm, or organization shall be aggregated. Sec. 23.107. DISCLOSURE BY COUNTY OFFICER'S' AND EMPLOYEES. Any County officer or employee described in Section 23.102 who receives from a person registered under Section 23.102 or a corporation, firm, or organization represented by a person registered under Section 23.102 any food, drink, lodging, transportation, recreation, service, or other tieing of value having a value of $25 or more, including any gift or political campaign contribution, on any one occasion, or having a total value of $100 or more in any one quarter shall file a statement disclosing such receipt. Such statement shall be filed with the Clerk of the Board of Supervisors between the 1st and 15th day of each quarter, and shall disclose all such receipts during the preceding quarter. Such statement shall be in writing and shall be signed under penalty of perjury. 4-83 23.108 Sec. 23.108. EMPLOYMENT OF COUNTY EMPLOYEES. If any person, corporation, firm or organization registered or required to be registered under Section 23.102 hereof employs, or if any person, corporation, firm or organization represented by a person, corporation, firm or organization registered or required to be registered under Section 23.102 hereof employs, any person known to the employing person or entity to be an officer or full-time employee of the County, in any capacity whatsoever, the person, corporation, firm, or organization employing the County officer or employee shall file with the Clerk of the Board'of Supervisors, within ten days after such employment, the name of the person to be paid thereunder, and the amount of pay or consideration to be paid thereunder, and the date first employed. Sec. 23.109. (Repealed by Ord. No. 5200 (N.S.) Eff. 8-10-78) Sec. 23.110. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Chapter, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter or its application to other persons. The Board of Supervisors hereby declares that it would have adopted this Chapter, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any cne or more sections, subsections, subdivision, sentences, clauses, phrases, or portions, or the application thereof to any person, be declared invalid or unconstitutional. r21-0 - mo__� 4 11 i wt_ , 'A I �Z � � May 9, 1988 mr 71Z.2175 Thank you for your interest and response to the first speakers series to be presented by "Global Perspectives". We are pleased to announce the schedule for the first four programs is as follows: May 19, 1988 - Dr, Michael Boskin - Professor of Economics at Stanford University, Chairman for the center for Economic Policy Research at Stanford, and a research associate of the National Bureau of Economic Research, Inc., currently focusing on the effects of alternative tax and government spending policies on capital formation, inflation and U.S. economic growth. His articles are featured often in Business Week, Time, The New York Times, Newsweek and Fortune. Recently considered for Chairmanship of President Reagan's Council of L'conomic Advisors. A top candidate for an important post with Vice President George Bush. June 24, 1988 - Malcolm Forbes, Jr. - President and Chief Operating Officer for Forbes Magazine and highly respected business and economic forecaster. He is the third generation of family writers for the prestigious - magazine. Former U.S. Congressman Clair Burgener will introduce his friend Malcolm Forbes, Jr. They both serve on the Board for International Broadcasting which oversees Radio Free Europe and Radio Liberty. 'July 1988 - Arnold Palmer - What can we add to Arnie's resume? He is the designer of Pacific Rim's new golf course in Carlsbad. Aug. 16, 1988 - Robert Bleiberg - Publisher and Editorial Director of Barron's, the nation's most respected business and financial weekly. One of today's most knowledgeable business and financial forecasters, his talks are informative, provocative and laced with humor. Besides his many speaking engagements, Mr. Bleiberg has been seen nationally on television on David Susskind4s Open End, Meet The Press, and on public television on the series Economically Speaking, William F. Buckley's Firing Line and the McNeil -Lehrer Report. 6 tO �' del ✓f�: , ,944A, -or?', a,&<a,4 Wa o,�.WOS The initial response has been gratifying. We intend to provide a fifth program as part of the original series. however, the selection of the date for this proposed "Bonus Program' will depend upon your schedules. A short questiinaire will be presented to you on May 19th to help us provide the fifth program at the best time. As you know, we intend to bring prominent authorities from the fields of Journalism, Economics, Medicine, Sports, Money Management and many other disciplines. Additionally, we hope to bring world, national, state and local political leaders to your doorstep. We have already contacted potential speakers for the second series. Caspar Weinberger, O.S. Senator John McCain of Arizona, Pulitzer Prize winner Haines Johnson of the Washington Post have been contacted to participete in our programs. You will At the selection of spoakars for us through the short questionaire mentioned earlier. The programs will begin at 7:30 A.M. and be over by 10:00 A.M. The question and answer periods may extend beyond 10:00 A.M., but our goal is to get you back by 10:15 A.M. The meeting will be held at the Olympic Resort Hotel in Carlsbad. We will serve a light breakfast. The number or participants will be limited. A small audience creates a strong personal rapport with the speaker. We have established the following fee structure: 4 Lectures - Prepaid $ 800.00 8 Lectures - Prepaid 1,400.00 For more information please call me at 729-5648 or 438-7440. Your, Very Truly, John J. Mamaux * You will be advised of exact date later. C;al*fornia o . 01 Fair Political Practices Commission Vincent F. Biondo, Jr. City Attorney City of Carlsbad 1200 Elm Street Carlsbad, CA 92008-1989 Dear Mr. Biondo: March 21, 1988 ,I Re: Your Request for Advice Our File No. A-88-075 You have written requesting advice on behalf of Councilmember John Mamaux regarding his duties and obligations under the conflict -of -interest provisions of the Political Reform Act (the"Act").1/ QUESTION If Mr. Mamaux coordinates and puts on a series of lectures for the South Coast Publishing Company for a flat fee, will attendees who pay be considered sources of income to him requiring disclosure or disqualification? CONCLUSTc ;N If Mr. Mamaux is paid only a flat fee, which is in no way dependent upon the number of attendees, only the South Coast Publishing Company will be a source of income to Mr. Mamaux. Attendees who pay for the lecture series would not be sources of income to him. FtiCTS Mr. Mamaux is a sole proprietor of his business. He has reached a tentative agreement with the South Coast Publishing Company ("South Coast") to coordinate and put on a series of Government Code Sections 81000-91015. All statutory references are to the Government Code unless otherwise indicated. Commission regulations appear at 2 California Code of Regulations Section 18000, et spec. All references to regulations are to Title 2, Division 6 of the California Code of Regulations. ar<rl ' _ aubse ent which followed my letter to you requesting further information. 428 ] Street, Suite 800 0 P.O. Pox 807 0 Sacramento CA 95804-0807 ® (916) 322.-5660 Vincent F. Biondo, Jr. March 21, 1988 Page 2 lectures in the vicinity of Carlsbad. His agreement with South Coast calls for him to receive a flat fee for setting up the lectures and putting them on. South Cce.st publishes daily newspapers covering north San Diego County, an area which includes Carlsbad. South Coast will publicize the lectures and solicit attendees. Current tentative plans call for a series of eight lectures. Cost for attendance will be $800 for the first four lectures, with a package price of $1,40C for the entire series of eight. Tentative speakers for the first four lectures include Malcolm Forbes, Arnold Palmer and the publisher of Barron's magazine. it is anticipated that businesses in the area will purchase tickets to have their officers or employees attend the lectures. In some cases, a business entity may purchase in excess of $10,000 worth of tickets in 1988. Some of the business entities may be doing business in Carlsbad. ANALYSIS The Act requires public officials to disclose sources of income on their annual statements of economic interests. (Section 87207.) It also requires public officials to disqualify themselves from governmental decisions affecting sources of income. (Sections 87100 and 87103.) Councilmember Mamaux is a public official subject to these requirements. (Section 82048.) As a sole proprietor, any source of income of $250 or more to his business in a twelve-month period is a source of income to Councilmember Mamaux, if the source of income is situated in or doing business in the jurisdiction. (Section 82030(a).) Thus, South Coast will become a source of income to Councilmember Mamaux if he en-aers into the agreement with South Coast, since it is doing business in Carlsbad. If South Coast pays him $10,000 or more in 1988, he must disclose it on Schedule H-2 on his 1988 Statement of Economic Interests. He will also be required to disqualify himself from participating in any decisions materially affecting South Coast. If the amount of income which Councilmember Mamaux will receive for arrangA.ng the lecture series would be affected by the number of attendees, then the attendees who pay a sufficient sum would also be considered to be sources of income to him. However, Councilmember Mamaux has a_sured me that his fee will be fixed and will in no way be dependent upon the Vincent F. Biondo Tr. March 21, 1988 Page 3 number of attendees. In fact, even if South Coast is unable to attract any attendees, his fee will still be paid. Under these circumstances, the attendees will not be sources of income to Councilmember Mamaux. Consequently, the attendees need not be disclosed on his statement of economic interests nor will they become a basis for disqualification. Councilmember Mamaux has also stated that whether the lecture series will be presented again in future years will undoubtedly depend upon its success in its first year. As a result, the number of attendees may well affect the prospects for him receiving future income. However, since he is not. involved,.in:sol.iciting attendees and his income from the series is fixed, we do not believe that the attendees are sources of income to him merely because income from a future series may be affected by the success of this year's series. Councilmember Mamaux's position is analogous to that of a researcher who is a salaried employee of a company. The researcher is paid to develop a new product line, which others in the company will then market. If the researcher's new product is successful in the marketplace, it enhances the prospects of future employment to develop other new products. A lack of success may well lead to dismissal. However, we would not consider the customers of the company who purchase the product to be sources of income to the salaried researcher. Our conclusion is the same in Councilmember Mamaux's case. I trust that this letter adequately responds to your questions. If you have questions regarding this letter, I may be reached at (916) 322-5901. Sincerely, Diane M. Griffiths 1 Counsel By: e E eidi Couns' , Legal ivision REL: j aj September 23, 1988 TO: COUNCIL MEMBER MARK PETTINE FROM: Mayor Pro Tem Ann Kulchin For shame Councilman, 46 days until election, and you an elected official are misrepresenting the facts and attacking dedicated citizens in our City. 1. Rancho Santa Fe Road: The facts are that Condition #78 was written by our Planning Director on July 10, 1985 and was part of this approval. (See attached memo from Planning Director). 2. Seena Trigas: Seena has and continues to serve her City with pride and dedication. She began in 1979 on the Founding Board of Directors of the La Costa Youth organization,and from there was appointed to our Library Board of Trustees, having served as President. Her activities are too numerous to mention, including Director of the League of Women Voters. Seena was not only my campaign manager in 1984, but also served as co -campaign manager of Mayor Bud Lewis' campaign, and continues to serve him on his Kitchen Cabinet. Tsk, tsk, professional lobbyist, untrue. She spearheaded the successful Batiquitos Festival of Music. At this time she is busy running for re-election to the San Marcos School Board of Trustees, on which she serves as President; and oh by the way, she is President of all school boards in San Diego County. The Sammis Project was approved in October of 1985 by a unanimous vote of the city Council, on which you served. The zone plans for La Costa Ranch Company have been approved, although the City is updating the Master Plan for Zone 12, no development projects are pending before the City Council at this time. ANN J. KULCHIT Mayor Pro Tem Attachment SEPTEMBER 13, 1988 TO: ANN KULCHIN, MAYOR PRO TEM FROM: Planning Director RANCHO SANTA FE ROAD REQUIREMENTS FOR fH INFORMATION OF THE CITY COUNCIL DATE CITY MANAGER No additional development can occur along or adjacent to Rancho Santa Fe Road until the requirement for financing the road from La Costa Avenue to Melrose Avenue is fulfilled. All of the unbuilt residential projects were specifically conditioned with this requirement. An example of the specific condition that was placed on the projects is attached (Exhibit "A11). A list of the individual projects that have conditions regarding improvements to Rancno Santa Fe Road is attached (Exhibit 11B) . A special condition was also placed in the Local Facilities Management Plans for Zones 11 and 12 which requires the approval of a financing program for Rancho Santa Fe Road prior to the recordation of any final maps in either zone (Exhibit "C"). MICHAEL J. HOLZMILLER arb c: City Manager RSFR.mem 1 3. Condition No. 56 is revised to read as follows: 2 "56. within 90 days after tentative map approval the developer shall commence grading activity, construction and/or 3 reconstruction of the westerly (southbound) roadway of Rancho Santa P 2Qad as a prime arterial from La Costa Avenue to the 4 south line of developer's property. Construction of these improvements to Rancho Santa Fe Road shall be completed within 5 fifteen months of tentative map approval. Said construction shall conform to the "Traffic and Alighment Study for Rancho 6 Santa Fe Road" by Willdan Associates dated February 28, 1985, or to such modifications to said study as are approved by the City 7 Engineer. (Median curbs may be omitted, provided appropriate security is posted per Sections 20.16.070 and 20.16.080 of the Carlsbad Municipal Code)." 9 _ 4. Condit_i 7a C rLmy gp_ti Ern--ra ;A� a�,-Ellows: 10 "78. The City Council has determined that in order to accommodate the traffic from this project the developer must be 11 responsible for the improvement of Rancho Santa Fe Road from La Costa Avenue to the existing Melrose Drive intersection. Prior 12 to final map approval the developer shall submit a proposal satisfactory to the City Council for such improvements. The CO 13 proposal shall be based on an independent traffic analysis accomplished to the satisfaction of the City Engineer. The zz 14 proposal shall include a time schedule and financing plan for th ;o improvements which may include an assessment district, developer ¢" 15 financing, or some alternative acceptable to the City Council. W The construction and improvements must be assured either gm 16i. by confirmation of the assessment district, secured subdivision improvement agreement, or otherwise guaranteed to the 17 satisfaction of the City Council prior to final map approval." 1� 18 5. Condition No. 90 has been added to read as follows: 19 20 21 22 23 24 25 26 27 28 1190. Within thirty days of tentative map approval, the applicant shall submit an acceptable agreement with the developers of La costa Master Plan neighborhoods SE 16, 17, 18, 19, 20 and 21 coordinating the time schedule for construction of Rancho Santa Fe Road between Olivenhain Road and La Costa Avenue. The westerly side shall be constructed first, and the easterly side second." 6. Condition No. 91 has been added to read as follows: "91,,. The actual construction of Rancho Santa Fe Road from 01 ,nhain Road to La Costa Avenue as required by the City Council Lirsuant to these conditions of approval shall be completed before the occupancy of the first house to be constructed in this subdivision." EXHIBIT A IL h Ym cr- a {�i At I!: N � �t 1n a N L �4 inIn 0- LIJ CO o- n O O O O N o 1 W h h I� h Q � ti v 3 O (Y) c� a :CZ e e rW V� LA Q h v Q W 2 Q h �\ v¢ Q \ na I� lk m �n v v o 41 v a. Complete grading to ultimate right-of-way width to Prime Arterial Standards (1261) from La Costa Avenue to the Carlsbad City Limits b. Minimum of 4 lane improvements. C. Include signalization and left turn channelization where necessary. Estimated Cost - $12,000,000 Completion Date- 1990 Special Condition - A financing program guaranteeing construction of Rancho Santa Fe Road to 4 lanes including adequate signalization shall be approved prior to the recordation of the first final map within Zone 12. 3. Calle Barcelona Necessary Improvements a. Full width improvement to Secondary Arterial Standards. b. Adequate signalization and left turn channelization where necessary. Estimated Cost - $3,800,000 Completion Date - 1990 Special Condition - The Construction of Calla Barcelona from Rancho Santa Fe Road to E1 Camino Real shall become a condition of approval for all final maps within Zone 12. A financing program guaranteeing construction of 4 lanes of Calle Barcelona shall be approved prior to the recordation of the first final map within Zone 12. 117 EXHIBIT C September 26, 1988 TO: COUNCIL MEMBER PETTINE FROM: Council Member Mamaux CONFLICT OF INTEREST MEMO SENT MY MR. PETTINE Your memorandum regarding specific regulations to restrict the activities of Mrs. Seena Trigas and myself arrived the same day Hurricane Gilbert blew through Texas. It is ironic that two big, out of control winds would hit on the same day. Since the Olympics are in session, it is only fair that you be awarded a Gold Medal in the field of Negative Politics. Despite hearty competition from Bush and Dukakis, you began your training for this award in the Fall of '86 and have honed your skills in this dubious field. Your attacks on Mayor Lewis, Mrs. Kulchin and myself were overshadowed by your unnecessary attack on Mrs. Trigas. The facts are very clezr. You voted for the Sammis Project and even went so far as to call it ". . the essence of good planning." You were so enthusi- astic about this land use, that a judge in the Vista Court called me to ask if the ". . . project was really that good?" Knowing that Mrs. Trigas worked for the Sammis Company, was it her logic and "lobbying" skills that influenced you, or the actual plan itself? Why did you wait three and one-half years to attack Mrs. Trigas? You have to admit that is a slow response time to a perceived municipal problem, even for you. Maybe you could require Mrs. Trigas to sign a Loyalty Oath -to you and promise never to cause you to vote for a project. Then again, she could be required to recite some form of the Pledge of Allegiance to you, and promise to never support a candidate for public office that was not approved by you. It is easy to recognize that you are playing the role of a stalking horse for Council Candidate Hammer. This whole attack is obviously a political ploy, poorly executed on your part. In regard to the Sammis Project, you have experience in attempting to recruit an institution of higher learning for Nr. Sammis. While in private legal practice, you used City staff time and City stationery to write a letter to the Western University School of ?-aw. Would you please send to me copies of all correspondence you have had with any school regarding the Sammis property? Mr. Sammis is requesting an extension of time on his project and is claiming that institutions of higher learning move more slowly than he anticipated. Your experience in this field should be of assistance to the City Council in determining the validity of Mr. Sammis' claim. Council Member Pettine September 26, 1988 Page 2 Your continued attacks on me are of no importance to me. Your vindictive approach to local government is appalling. It is obvious that the only persons worthy of serving on the City Council with you, based upon your example, would be the following: (1) Work in same level of government; (2) Work in San Diego; (3) Refuse to serve on a productive City committee. Recognizing that you have some official capacity in the District Attorney's Office and that you have passed the California State Bar, it is suggested that you consult some legal authorities on individual rights that are protected by the Constitution. Some well qualified attorneys have advised me that the City may have difficulty in approving ordinances that are aimed at two individuals. However, if we just label this last attack as part of your continuing political negative campaigning you may qualify for a Silver Medal in addition to your Gold. JOHN J. MAMAilX Council Member mhs c: Mayor Council Members City Manager City Attorney September 26, 1988 TO: MAYOR PRO TEM ANN KULCHIN FROM: Council Member Mark Pettine It is astonishing that you sit on this Council and understand so little abc)ut which you vote. Condition #78 does not require full length improvements on Rancho Santa Fe Road between Olivenhain and Melrose prior to occupancy of the first residential unit. You had the opportunity to impose that condition on September 10, 1985, hu'. instead cast the deciding vote to defeat it. Please review Page 5 of the attached minutes of the September 10, 1985 Cc>uncil meeting. Condition #78 which you approved, left the full length improvements of Rancho Santa Fe Road to the future discretion of the Council. What you did in one night is potentially expose the residents of La Costa living near Rancho Santa Fe Road, to over 13,000 vehicle trips per day without insisting on full road improvements. Your comments on Seena Trigas completely miss; the point. I agree that Miss Trigas is an honorable citizen. That is not the issue. The issue is that with your September 20, 1988 vote on Agenda Bill #9649 you are requiring our citizens who serve on Commissions to disqualify themselves from voting in certain situations, based upoP_ Council established ethical standards which are now higher than State Law. Don't you find anything inconsistent in the fact that when your campaign manager, Miss Trigas, was employed by Sammis you failed to disqualify yourself from voting on such a major development? When Sammis hired Miss Trigas he did not know whether his project would be approved by the City or by what margin. You also stated that La Costa Ranch Company, who has at one point employed Miss Trigas, has no projects before the City. Do you anticipate that this developer intends to dedicate its considerable holdings in the Southeast Quadrant as open space? September 26, 1988 Page 2 Please respond to the issues in my memo. Will you support a lobbyist registration ordinance? Will you support an ordinance requiring disqualification for solicitation of money for private gain? MARK IV. PETTINE Council Member Attachment . — — - -- - --- I - - September 10, 1985 COUNCIL ,�aa,,��qq�� ae`' pA� .�f9 Page 8 MEMBERS �� �t°o to Palomar Airport Committee Council Member Lewis reported on the progress of the Joint Powers Agreement. ADJOURNMENT: By proper motion, the meeting of September 10, 19€35, was adjourned at 10:05 p.m. Respectfully submitted, ALE7AA L.kmn=z City Clerk Harriett Babbitt Minutes Clerk I i i O RMINU1 ES COUNCIL � Council directed staff to prepare the necessary Casler X documents to provide that only projects with building Lewis X permits bQ grandfathered in the Beach Overlay Zone, Kulchin X with all others to be reviewed by Council on a case Chick X by case basis. Pettine X X City Council 97) 16. AB #8301 - Supplement #1 - HIGHWAY 78 WIDENING. Mayor Casler reported further on the developments regarding the Highway 78 widening. Council Member Lewis had concerns about the amount of money and Council Member Kulchin stated the Village Merchants were in favor of keeping the money in Carlsbad for roads. Council Member Chick said this was a regional problem and he felt a special assessment district should be formed to determine the spread. Council Member Pettine stated he could not support the concept without further information regarding oast distribution. Council approved the concept of the widening of Highway Casler X 78, based on further information and consideration Lewis X of the method of financial participation. Kulchin X Chick X X Pettine X 17. AB #7376 - Supplement #4 -- APPOINTMENT TO BOARD OF 68) TELEVISION. Mayor Casler recommended Bob Cole to be appointed to the Board of Directors Foundation for Carlsbad Community Cable Television. Council adopted the following Resolution: Casler X X Lewis X RESOLUTION NO. 8138, APPOINTING BOB DOLE 10 THE Kulchin X HOARD OF DIRECTORS FOUNDATION FOR CARLSBAD C(WMUNITY Chick X CABLE TELEVISION. Pettine X 76) 18. AB 08320 - RLANNING COMMISSION APPOINTMENT. Mayor Casler announced that three persons had been nominated; Bob Holmes, Jim Courtney and Kip McBane. A twee --two tie for Bob Holmes and Kip McBane existed, and to break that tie, Council Member Chick voted for Rob Holmes. Council adopted the following Resolution: Caster X X Lewis X RESOLUTION NO. 8172, APPOINTING BOB HOLMES TO THE Kulchin X CARLSBAD PLANNING OOi0USSION. Chick X Pettine X COUNCIL REPORTS: LCP Council Member Chick gave an update on the LCP amendment. Cz 0 1 September 10, 1985 9 Page 6 COUNCIL ® t<+ �•° er City Engineer Gene Donovan responded to questions regarding improvement of Rancho Santa Fe Road adjacent to parcel not owned by Daon, and explained alternative ways it could be improved. Council adopted the following Resolution: Casler X Lewis RESOLUTION NO. 8168, APPROVING A 133-LOT TENTATIVE Kulchin X TRACT MAP (CT 85-15) AND 131-UNIT LA COSTA DEVELOPMENT Chick X X PLAN (LCDP 85-2) ON 26.7 ACRES ON PROPERTY GENERALLY Pettine LOCATED ON '1HE EAST SIDE OF RANCHO SANTA FE ROAD BETWEEN LA COSTA AVENUE AND MISSION ESTANCIA. 99) 13. AS #8296 - Supplement #1 - TENTATIVE MAP AND LA COSTA DEVELOPMENT PLAN - CT 8 -9 LCDP -i -VISTA SANTA FE - AREA 'B". Council adopted the following Resolution: Casler X LewisKulchin RESOLUTION NO. 8169, APPROVING A 103-U T TENTATIVE X TRACT MAP (CT 8a- AND 102-UNIT LA COSTA DEVELOPMENT Chick X X PLAN (LODP 85-1) ON 35.4 ACRES ON PROPERTY GENERALLY Pettine LOCATED ON THE SOUTHWEST CORNER OF THE CALLS BARCELONA AND CALLE ACERVO INTERSECTION. 99) 14. AB #8297 - S lement #1 - TENTATIVE MAP AND PLANNED UNIT DEVELO 4ETTI' - CT 5- 1 JD- 6 - VISTA SANTA FE - AREA 'C . Council adopted the following Resolution: Casler X Lewis RESOUJTION NO. 8170, APPRG'VING A 154-UNIT TENTATIVE `r'RA Kulchin X MAP (CT 85-11) AND PLANTED UNIT DEVELOPMENT (PUD-86) ON Chick X X 58.9 ACRES ON PROPERTY GENERALLY rDCATED IN NEIGHBORHOOD Pettine SE-18 NORTH OF CALLE BARCELONA APPROXIMATELY 800 FEET EAST OF THE INTERSECTION OF CALLE PARCELONA AND RANCHO SANTA FE FOAD. Planning (57) 15. AB #8257 - Supplement #1 - BEACH OVERLAY ZONE "GRANDFATHER PROVISION. Mike Holzmiller, Land Use Planning Manager, gave the staff report on this item as contained in the Agenda Bill. In answer to query, he stated six of the projects listed exceed the new heiqht restrictions; eight would have inadequate parking and nine of the projects exceed the new I-nsity standards for the area. He also stated project CP-,j6 should be deleted from the -list. City Attorney Vincent Biondo explained the contents of his memorandum elated august 29, 1985. Gil Saenz, 323 W. Court Street, representing "The Shores", stated they were ready to pull the building permit, but it would take a week or two because of the loan. He asked Council whether a Negative Declaration indicated there was no adverse impact and asked for Council's consideration. Council Member Chick suggested Council shoul,a .jl o it5o'k at older units in the City and require them to conform to code. tz C� September 10, 1985 Page 5 9 CUUMCl6. MEMBERS Q� R`�►�y �(P 84) 10. AB #8324 - PURCHASE OF USED VEHICLES. Purchasing Officer Ruth Fletcher gave the staff report as contained in the Aqenda Bill. Council adopted the following Resolution: Casler X Lewis X X RESOLUTION NO. 8179, AUTHORIZING THE OPEN MARKET Kulchin X PROCEDURES TO BE USED FOR THE PURCHASE OF USED Chick X VEHICLES. Pettine X City Attorney 99) 11. AB #8294 - SEElement #1 - TEW2ATIVE MAP AND PLANNED UNIT DEVELOPMENT - CT 85-6 80 - DAN SOUTHWEST. City Attorney Vincent Biondc gave the report on this item, stating that Items 11, 12, 13 and 14 are all related and comments on all four should be heard by Council before the documents are considered. Tom Brammell, 3342 Bajo Court, referred to his letter dated September 9, 1985, addressed to the City Council, quoting from that letter, his concerns about the public facilities and roads involved in the approval of these projects. Mike Glass, 3340 Bajo Court, stated he was neither pro nor can, but was concerned about the improvement of. Rancho Santa Fe Road, and felt the developer should make those improvements now. Council Members Lewis and Pettine stated the entire length of Rancho Santa Fe Road should he improved prior to this development. Council Member Pettine made a motion that Council Casler K approve a condition that requires the improvement of Lewis R Rancho Santa Fe Road from Melrose to Olivenhain prior Kulchin R to occupancy of the first unit. Motion failed due to Chick X the lack of a majority. Pettine X X City Attorney Vincent Biondo stated the conditions require a study to be presented to Council prior to the final map and Council will determine the scope of improvements and the timing ---and that does wt preclude requiring improvement of the full length of Rancho Santa Fe Road prior to occupancy of the first unit. Council adopted the following Resolution: Casler X X Lewis X RESOLUTION M. 8167, APPROVING A 789-UNIT TENTATIVE Kulchin X TRACT MAP (CT 85-6) AND PLANNED UNIT DEVELOPMENT (PUD- Chick X 80) ON 111 ACRES ON PROPERTY GENERALLY LOCATED NORTH OF Pettine X THE INTERSECTION OF RANCHO SAWA FE F40AD AND OLIV»IAIN ROAD. (99) 12. AB #8295 - SaElement #1 - TENTATIVE MAP AND LA COSTA DEVELOPMENT PLAN - Cr :- - PARK VIEW WEST - DAON. — - Council Member Pettine commented that the map in the original packet showed the property does not reach to La Costa Avenue. Off. / , 4 September 10, 1985 Page 4 COUNCIL me ommo Council Member Kulchin also expressed concern about residential development in that area. Council Member Chick stated this was the lowest density ever proposed for this area, and he felt it shcild approved. Council Member Pettine sari he had a problem on the issue of compatibility, and could not support residential development in this area. Mayor Casler expressed the opinion that no more industrial area was needed in the City. She felt the applicant had mitigated the airport impact and the density was proper. City Attorney Vincent Biondo suggested that before Council take action to change the zone, they should have all the information before them from the previous hearings on development of this parcel. Council contained this item for two weeks. Casler X Lewis X Kulchin X Chick X X Pettine X RECESS: Mayor Casler declared a recess at 7:50 p.m., and Council re -convened at 8:02 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: City Treasurer (39) 8. AB #8009 - Supplement #1 - REVISED INVESTVM7T POLICY AND APPIM-AL OF A CREDIT LINE. City Treasurer William Esterline gave the staff report as contained in the Agenda Bill. Council adopted the following Resolution: Casler X Levis X RESOLUTION NO. 8178, REVISING THE CITY'S INVESTMENT Kulchin X X POLICY AND AUTHORIZING THE CITY 'TREASURER TO IMTL_E FY:T Chick X A LINE OF CREDIT WITH A LOCAL AGENCY BANKING Pettine X INSTITUTION GOR THE PURPOSE OF COVERING TEMPORARY CASH FLOW SHORTAGES. Purchasing (84) 9. AB #6955 - Supplement #1 - ADDITION TO PURCHASING SECTIONS OF THE CARLSBAD MUNICIPAL CODE. Purchasing Officer Ruth Fletcher gave the staff report as contained in the Agenda Bill. Council introduced the following Ordinance: Casler X Lewis X X ORDINANCE NO. 1283, AMENDING TITLE 3, CHAPTER 3.28 OF Kulchin X THE CARLSBAD MUNICIPAL CODE By AMENDMENT OF SECTION Chick X 3.28.130 TO AUTHORIZE THE CITY COUNCIL TO DESIGNATE BY Pettine X RESOLUTION SERVICES AND SUPPLIES MSTING MORE THAN $10,000.00 BY USE OF OPEN MARKET PROCErURES. C�g� r�� r September 10, 1985 Page 3 COUNCIL iME&IBERS 0� I'��� eto Nick Banche, 810 Mission Avenue, Oceanside, representing the applicant, used a wall map showing the relationship to the open space and the crash hazard and CNEL line. Mr. Banche gave the background history of the project, and requested approval. Don Agatep, 2956 Roosevelt, Planning Consultant for the applicant, requested approval. Mavor Casler stated a letter had been received from BCS Natural Resources Corporation, dated September 9, 1985, indicating Cobblestone Way was on their property and they have not granted an easement for this street. Mr. Agatep aknowledged the easement had not yet been acquired. Barbara Donovan, 2630 Abedul Street, spoke on behalf of the Palomar Airport Advisory Council, asking for a denial of this project due to the noise and safety factors involved. Mrs. Donovan read from the SANDAG report where it stated lands in the immediate vicinity of the airport or under the takeoff and landing approaches are subject to a noise level that is unsuitable for development. James Courtney, 4914 Avila, pointed out that if this project is approved, it would create a problem of compatibility of land use. Ruth Bateman, 2730 Chestnut, Palomar Airport Advisory Council, reiterated the noise, safety and quality of life factors involved in allowing this project. Jerry Hart, 1826 Sunset Drive, Vista, spoke in opposition to this project, stating the noise, safety and liability of the City in case of a mishap, were the issues. He referred to the Airport Land Use Planning Handbook and stated he would supply staff with a copy. Gary Talbert, General Manager, Flight International, said that he was not in opposition to this project, but wanted to insure as much information as possible was used in making the decision. He Celt approval of this project would deal a blow to the airport, which is an important transportation link in this area and contributes to the economic well-being of Carlsoad. If the operations of the airport are to be curtailed due to complaints from the residents, he asked that decision be a conscious one and not by default. Since no one else wished to speak on this item, the public hearing was closed at 7:17 p.m. Mike Holzmiller explained the staff recommendation was to leave this area zoned as residential and keep it low density and mitigate the impacts as much as possible, in that any other land use would be inconsistent with the General Plan. Council Member Lewis stated he had voted in favor of this area being residential a year ago, but since involvement with the Palomar Airport Advisory Committee, he was now eonceLned about residential development in that area. C�'17 5 September 10, 1985 Page 2 fVI EM 0 M S cp ITEM REMOVED FROM THE CONSENT CALENDAR: 74) 2. AB #8241 - Supplement #1 - AMENDING THE CLASSIFICATION AND MANAGEMF� SALARY PLAN. Council Member Pettine seated he wished to continue this item until he has the opportunity to discuss it with the City Manager. Council continued AB #8241 - Supplement #1 - for Casler x two weeks. Lewis x Kulchin X Chick x Pettine X x ORDINANCES FOR ADOPTION: (47) 5. AB #8316 - REVISIONS TO GRADING ORDINANCE. Council adopted the following Ordinance: Casler x Lewis x ORDI11ANCE NO. 8105, AMENDING TITLE 11, CHAPTER 11.06 OF Kulchin x x THE CARLSBAD nMCIPAL CODE BY 'ME A TWDME'N]T OF SECTION Chick x 11.06.030 TO DELETE SUBSECTION 10, Bl' THE ADDITION OF Pettine x SECTION 11.06.035 TO CLARIFY THE GRADING ORDINANCE REQUIREMENTS WITH RESPECT TO THE CLEARING OF VEGETATION AND BY THE AMENDMENT OF SECTION 11.C6.080 TO CLARIFY THE .AUTHORITY OF THE CITY. ENGINTEER TO RELEASE GRADING BONDS. (85) 6. AB #8299 - ZONE CHANGE - ZC-307 - COAST WASTE (113) MANAGEMENT. Council adopted the following Ordinance: Casler Lewis x ORDINANCE NO. 9768, AMENDING TITLE 21 OF Tub CARLSBAD Kulchin x MUNICIPAL CODE BY AMENDING THE ZONING MAP FOR A Chick x x PREANN MTIONAL ZONE CHANGE FROM COUNTY TO L-C, LIMITED Pettine x CUNTIUL ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF THE PALOMAR AIRPORT BUSINESS PARK ABOUT COVE MILE WEST OF EL CAMINO REAL. PUBLIC HEARINGS: (99) 7. AB #8323 - TENTATIVE MAP, PLANNED UNIT DEVELOPMENT AND SPECIFIC PLAN - CT 84-32 73 SP-195 - CARLSBAD LAND INVESTORS. Mike Holzmiller, Land Use Planning Manager, gave the staff report as contained in the Agenda Bill. Wall maps were used to indicate the areas being studied at the present time with regard to the noise impact. City Engineer Gene Donovan responded to questions stating this project has no obligation with regard to Palomar Airport Road. He added that if Council desired, a condition could be added requiring participation in an assessment district. In answer to query, staff indicated this property is 2,800 feet from the airport runway and it is approximately 4,000 feet to the nearest home. Mayor Casler opened the public hearing at 6:26 p.m., and issued the invitation to speak. 9� Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: September 10, 1985 Time of Meeting: 6:00 p.m. Place Of Meetina: Citv r nnnoi 1 Chamharc '9 C®ll[dCIL $Cy ® 9a ;ic% ___.----- ---1-------------•----- 3�IIEIVIEER� $ N � CALL TO ORDER: The meeting was called to order by Mayor Casler at 6:00 p.m. ROLL CALL was taken by the City Clerk as follows: Present: Council Members Casler, Lewis, Kulchin, Chick and Pettine. Absent: Ibne. PLEDGE OF ALLEGIANCE was led by Assistant City Manager Frank Mannen. APPROVAL OF MIKES: Minutes of the Regular Meeting held August 20, 1985, Casler X were approved as presented. Lewis X Kulchin X X Chick X Pettine X CONSENT CALENDAR: Council Member Pettine requested Item #2 be withdrawn from the Consent Calendar. Council confirmed the action of the Consent Calendar, Casler X with the exception of Item #2, as follows: Lewis X Kulchin X WAIVER OF ORDINANCE TEXT READING: Chick X X Pettine X Council waived the reading of the text of all c,rdinances and resolutions at this meeting. (97) 1. AB #8146 - Supplement #3 - 1985 SLURRY SEAL AND (45) OVERLAY PEMM M - CONTRACT NO. U -6. Council accepted the 1985 Slurry Seal and Overlay Program as complete, and requested the City Clerk to record the Notice of Completion and release the bonds 35 days after recordation. (74) 2. AB #8241 - Supplement #1 - AMENDING THE CLASSIFICATION AND MANAGEMENT SALARY PLAN. This item was withdrawn from the Consent Calendar. (74) 3. AB #8322 - CLASSIFICATION OF FIRE PREVENTION OFFICER I, 1I and III. Council adopted RESOLUTION NO. 8176, amending_ the classification and salary plan of the City to include the classifications of Fire Prevention Officer I, II and III. (91) 4. AB #6079 - Supplement #17 - SCHOOL FEES IN THE SAN MARCOS SCHOOL DISTRICT. Council adopted RESOLUTION N0. 8177, amending Resolution 5580 revising the amount of fees to be required as a condition of approval for residential development within certain areas of the San Marcos Unified School District. I