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CITY COUNCIL AGENDA ITEM NO. 21

Meeting Date: January 22, 2002

Subject/Title: Conflict of Interest Issues regarding City Council Members in Relationship to Proposed Redevelopment Plan Amendment Process

Submitted by: Gina Rozenski, Redevelopment Analyst

Approved by: John Stevenson, City Manager


RECOMMENDATION 
Invoke the “Rule of Necessity” to bring back one City Council/Redevelopment Agency Member by random selection, such as drawing straws or picking numbers. This action is necessary because a quorum cannot be achieved due to disqualifications of three members based upon conflicts of interest. 

PREVIOUS ACTION
At its joint meeting of October 23, 2001, the City Council and Redevelopment Agency requested that staff solicit written advice from the Fair Political Practices Commission on behalf of three members of the City Council/Redevelopment Agency concerning decisions in connection with the proposed amendment of the merged redevelopment plans.

BACKGROUND
Attached is the January 11, 2002, advice letter from the Fair Political Practices Commission. It is the opinion of the FPPC that Members McPoland, Hill and Petrovich each have economic interests that will be materially affected by decisions regarding the amendment plans. The FPPC concludes that none of them may participate in decisions regarding the amendment.

While the City Attorney and Special Counsel do not agree with the FPPC’s opinion, due to the time constraints associated with the proposed plan amendment, staff recommends City Council/Redevelopment Agency proceed with random selection. To the extent that his participation is legally required for actions or decisions to be made, the random selection will allow one City Council/Redevelopment Agency Member to return for the purposes of establishing a quorum.

The selected member will participate in all of the plan adoption decisions, at both the City Council and Redevelopment Agency levels, rather than selecting a member for each individual decision.

FISCAL IMPACT
None.

Attachment: FPPC 1/11/02 Opinion Letter

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