Here's an odd election-year tale for YL
With another lively City Council election on the horizon--filing for two open positions continues this week at City Hall--it’s not surprising that a 5-0 vote on a routine “consent calendar” item briefly ensnarled three council members in conflict of interest allegations.
What is surprising is the initial complaint charging one council person with a conflict came from a Waldorf, Maryland, resident, who told the state’s Fair Political Practices Commission in a formal filing that she views council meetings on the city’s Web site.
But before I plow deeper into this odd election-year tale, let me note the FPPC quickly dismissed the charges against all three council members who were eventually involved—John Anderson, Jan Horton and Nancy Rikel.
The story begins with one item in the “consent calendar” on the April 6 council agenda. Consent calendar matters are normally non-controversial and most are lumped together for a single vote near the beginning of each meeting.
Public Works Director Mark Stowell recommended council allocate $500,000 from the state’s Prop. 1-B money for “pavement preservation treatment” on Ohio Street, Oriente Drive and Avocado and Palm avenues, all north of Yorba Linda Boulevard.
Stowell said the coating would “prevent further deterioration” of the four roadways. All council members voted the staff recommendation on this and eight other calendar items.
A complaint from Debbie Devine was received by the FPPC May 26 claiming Anderson “owns property and resides” within 500 feet of one of the streets selected for repair work.
Devine stated, “I’ve seen Mr. Anderson scrutinize other council members with respect to conflict of interest issues, so, being familiar with the area, I was surprised to see [him] vote on this item.” She asked, “Perhaps conflict of issue rules don’t apply to him?”
No other council members were mentioned in Devine’s complaint. But when Anderson checked the record, he discovered Horton and Rikel also reside within 500 feet of one or more of the streets involved in the matter.
The 500-foot distance is measured from the closest property line to a proposed project and not from the middle of a council person’s property as is often shown on city maps.
So Anderson asked the FPPC to add Horton’s and Rikel’s names to the complaint filed by Devine but the FPPC declined to investigate the matter, as stated in a June 9 letter to Devine and a June 17 letter to Anderson.
Here’s the official FPPC ruling on the 500-foot issue: State law “permits a public official to participate in a decision if the decision solely concerns repairs, replacement or maintenance of existing streets, water, sewer, storm drainage or similar facilities.”
No doubt Yorba Lindans can expect more weird tales as the Nov. 2 election approaches.
What is surprising is the initial complaint charging one council person with a conflict came from a Waldorf, Maryland, resident, who told the state’s Fair Political Practices Commission in a formal filing that she views council meetings on the city’s Web site.
But before I plow deeper into this odd election-year tale, let me note the FPPC quickly dismissed the charges against all three council members who were eventually involved—John Anderson, Jan Horton and Nancy Rikel.
The story begins with one item in the “consent calendar” on the April 6 council agenda. Consent calendar matters are normally non-controversial and most are lumped together for a single vote near the beginning of each meeting.
Public Works Director Mark Stowell recommended council allocate $500,000 from the state’s Prop. 1-B money for “pavement preservation treatment” on Ohio Street, Oriente Drive and Avocado and Palm avenues, all north of Yorba Linda Boulevard.
Stowell said the coating would “prevent further deterioration” of the four roadways. All council members voted the staff recommendation on this and eight other calendar items.
A complaint from Debbie Devine was received by the FPPC May 26 claiming Anderson “owns property and resides” within 500 feet of one of the streets selected for repair work.
Devine stated, “I’ve seen Mr. Anderson scrutinize other council members with respect to conflict of interest issues, so, being familiar with the area, I was surprised to see [him] vote on this item.” She asked, “Perhaps conflict of issue rules don’t apply to him?”
No other council members were mentioned in Devine’s complaint. But when Anderson checked the record, he discovered Horton and Rikel also reside within 500 feet of one or more of the streets involved in the matter.
The 500-foot distance is measured from the closest property line to a proposed project and not from the middle of a council person’s property as is often shown on city maps.
So Anderson asked the FPPC to add Horton’s and Rikel’s names to the complaint filed by Devine but the FPPC declined to investigate the matter, as stated in a June 9 letter to Devine and a June 17 letter to Anderson.
Here’s the official FPPC ruling on the 500-foot issue: State law “permits a public official to participate in a decision if the decision solely concerns repairs, replacement or maintenance of existing streets, water, sewer, storm drainage or similar facilities.”
No doubt Yorba Lindans can expect more weird tales as the Nov. 2 election approaches.
posted by Jim Drummond at 12:00 PM
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