YLRRR recently sent out an email news blast stating that the FPPC has concluded that I am unable to vote on Town Center Discussions. In their missive, they imply it is improper for me to file letters with the FPPC regarding the town center project. This is a politically driven misrepresentation of the facts.
There have been opinion letters submitted to the FPPC on various parts of the town center project. These letters are evaluated by their Attorney’s and they consider my request for “immunity”, allowing my participation in the discussions. I did this to fulfill my duty as a Council person, representing the community to the best of my ability. Nothing covert or improper.
The most current FPPC ruling dealt with the Altrudy site and the State Brothers site. Site 13, which is directly behind my home, will always be a conflict and was not a part of the evaluation. The Certified Appraiser I hired, evaluated my home and based on the potential uses identified in various City documents, ascertained the value of my home would not be affected by those uses. In order to meet the standard, the appraiser had to look at the impacts of the visual, noise and traffic consequences that potentially would affect my property.
The FPPC did not agree and stated I would not be allowed to vote on items affecting Altrudy and Stater Bros. I am allowed to participate in the discussion regarding projects outside the 500 foot radius of my home that are not connected with Altrudy, Site 13 and Staters Bros sites.
I am disappointed in YLRRR’s misuse of information for political gain. I am hopeful this type of communication with the public ceases.
I have periodically posted comments on my web site regarding my ability to participate in the discussion and my intent to obtain FPPC rulings. To view these posts, go to:
{ 2 comments… read them below or add one }
Jan,
I have to say first that I do have a lot of respect for you. People do not automatically get my respect just by existing or even having a position; they earn it and maintain it. On that note, I think it is important to point out what I have seen within and outside the council meetings and how it affects this because it is coming from a different perspective than you may be aware of so far. It is the FPPC’s job to decide these things and no matter what anyone’s attorney’s say, a ruling from the FPPC is final. If they say that you cannot participate in matters affecting the 500 feet from your property then that is the case.
I watched the council meeting on that day that the Mayor tried his powerplay. I thought that it was childish and foolish. Slapping the city’s attorney on the hand for doing what she had been asked to do and follow up on was a step that will probably backfire on him at some point and good! This was obviously one of many to come in the unneccesary casualties of his political war.
The city attorney however brought up some points that I really think need to be stressed to you. I did not think, from what I saw, that you took them very gracefully or even listened to them.. You cannot participate in those agenda items that affect anything within 500 feet of your property according to the FPPC’s ruling. So accept that. And then move on. There is the possibility of some of the Town Center things not affecting that area – vote on those. You don’t have to completely control things to affect them.
Unfortunately watching my first council meeting was not a happy one. I was no more impressed with your behavior than I was with Mayor Anderson’s. I do think that most times your heart is in the right place though and I do want to continue to encourage and support you however I think it’s important for you to take a step back and make sure your judgement isn’t clouded when things touch close to home.
The Mayor’s behavior was vicious towards you but keep your head cool and don’t feel threatened – I can’t imagine that they can charge you back for City expenses that the City Manager authorized. I think the worst of the evils that day was causing you to lose your cool and the damage he did devaluing the City attorney. The blogs I have seen lately have been mostly cutting and childish and not at all accepting of your responsibility to the city to back off on these issues that are barred by the FPPC ruling. Accept this and earn yourself back some grace.. your integrity will defend itself better without the cutting remarks.
Patricia,
Thank you for your insight. You are absolutely correct about the FPPC authority. The most recent letter was submitted to the FPPC after receiving advice from two different attorneys. They felt that I would be granted immunity based on prior letters the FPPC had ruled on in separate Cities. Clearly, the FPPC has stated I am conflicted out on any of the sites within 500 feet of my home.
I do apologize if my behavior during the Council meeting was not perceived well. My reactions were predicated on the personal attacks, not on the FPPC rulings. I will try to keep the issues on the dais separate in the future.
As far as the blogs are concerned, I post primarily on my facebook fan page or on Twitter. This is often to allow the community to stay aware of what the Council is deliberating on and to get their feedback. When misinformation has been distributed, I have used these resources as a quick and easy method to dispel the rumors. I have posted a couple of times on The OC register site and a new political blog. The posts were meant as a Counter-point to some of the statements made. I apologize if these were offensive and will keep your constructive comments in mind in the future.
Sincerely
Jan