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