On September 24, 2009, I received notification a complaint was filed with the Fair Political Practice Commission against me along with this notification. The complaint referenced two meetings I had participated: January 13, 2009 and April 21, 2009. Two YLRRR members and two members of the current City Council filed this complaint.
The essence of the complaints were:
On January 13, 2009, after consulting with the City Attorney, I participated in a meeting to discuss the Draft Housing Element. I routinely consulted with the City Attorney since I own property within 500 feet of the Redevelopment agency and my family’s property is adjacent to one of the sites designated for high-density housing. The City Attorney had informed me I could participate since there would not be a vote to rezone. The discussion was to set policy.
During the January 13, 2009 meeting, all five Council Members expressed concern regarding the inequitable distribution of the high-density housing sites. The west end of Yorba Linda was and is currently slated for the majority of the state mandated housing, many of the sites at 20-30 units per acre. At the conclusion of Council’s “Questions & Answers” with staff, I made a motion directing staff to try to spread the density more equitably throughout the City and reduce the density on the west end. In my comments I mentioned the Lakeview corridor and the street name Altrudy. I was unaware Altrudy was within 500 feet of my home. The vote was 5-0 in favor of the motion.
On April 21, I voted along with all of the other Council members to send the revised version of the housing element to the state. We were asking for their opinion whether they would accept our plan in accommodating their unfunded mandate to forever changes the look of our community. Prior to this meeting, I verified with the City Attorney that I was, in their opinion, able to participate in the vote because we were not changing the densities on any of the sites.
Facts/ Results:
- Neither vote resulted in the change in density or zone designation on any site.
- Any change in density or change in zone designation will require a Measure B vote. No Council member has the ability to increase the densities beyond 10 DUA without the voter’s approval.
- I was unaware Altrudy was within 500 feet of my home. Although I take responsibility for my actions, it was an unintentional mistake.
- After I became aware Altrudy was within 500 feet of our home, my attorney recommended I have our property appraised in light of potential development of the Altrudy site. We hired a State Certified Appraiser. I did not have personal contact with this individual to prevent any perceived coercion while evaluating the properties. The appraiser concluded development of this site would not affect the value of our property. Two stated reasons: lack of line of sight and no direct access from Altrudy to my housing tract. This appraisal, submitted to the FPPC, was not accepted. A new Administration has changed the interpretation of the law and the litmus test to determine Conflicts of Interest.
- I have paid the fine with my personal funds. No campaign funds have been used.
What is unfortunate, we have all made mistakes while on Council. The laws are complex and the interpretations are undergoing revisions making it difficult to avoid mistakes. I acknowledge inadvertently mentioning property within 500 feet of my family’s home and have paid the fine imposed by the FPPC.
It is unfortunate individuals on the Council and in YLRRR filed this complaint. Filing this complaint nine months after the mistake was an apparent attempt to discredit me during my re-election campaign. These same individuals were responsible for the most negative campaign this community has ever witnessed. Their personal attacks and twisting of facts has become their hallmark of winning an election. This is unfortunate for the voters of Yorba Linda.
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