The URL can be used to link to this page

Home My WebLink About1990-10-17 - AGENDA REPORTS - JOINT MTG COUNCIL CMSN (2)A Joint Meeting City Council and Commissions Council Chambers October 17, 1990 7 p.m. to 9 p.m. A G E N D A 7:00 p.m. I. Introduction -- Mayor Darcy (5 minutes) a) Opening comments b) Objectives of the session (5 minutes) II. Background and overview -- City Manager (10 minutes) a) Existing policies and procedures b) City Attorney's comments: - Political activity - Conflict of interest 7:20 p.m. III. Commissions' major efforts and accomplishments (What do we do well?) (10 minutes) Planning Commission: a) Sand Canyon b) Golden Valley -- public private cooperation (Showcase Homes) c) School fees (Mira) -- support and implementation d) Oak tree ordinance/parking ordinance e) Weston Landmark Parks and Recreation Commission: a) Street tree list/tree ordinance b) Master plan for trails c) Long range plan for parks/general plan d) Canyon Park e) Weston/Landmark Page 2 7:30 p.m. IV. Working relationships -- Goals (How may we improve?) (5 minutes) a) Inter -group communications (process) b) Appropriate attendance and participation in various City Council and Commission and other public meetings C) Adequacy of City Council guidelines and policy ,directions - effective use of staff (content) d) Perceived role conflicts - independent thinker versus -team player e) Public participation and community involvement in process 7:35 p.m. Break 7:45 p.m. Break into small group meetings. (20 minutes) a) Receive assigned topic for discussion. b) Discuss issue and formulate proposals for means to improve item. 8:05 p.m. Reconvene. Each group presents their proposal on items to larger group for discussion and acceptance. (10 minutes each group) 8:55 p.m. Summary comments -- City Manager/City Attorney 9:00 P.M. Council/Commission comments 9:15 P.M. Public comment 9:30 p.m. End meeting GROUP ASSIGNMENTS Group I (Issue E) Jo Anne Darcy Laurene Weste Jerry Cherrington Lynn Harris Group II (Issue C) Buck McKeon Linda Storli Louis Brathwaite John Medina Group III (Issue D) Jill Klajic Todd Longshore Rita Garasi Jeff Kolin Group IV (Issue B) Jan Heidt Mike Lyons Pat Modugno Carl Newton Group V (Issue A) Carl Boyer Jeff Wheeler Jack Woodrow Andrea Daroca Ken Pulskamp MARTIN J. BURKE' JAMES T. BRAOSHAW. JR.' MARK C. ALLEN, JR.' MARTIN L BURKE' CARL N. NEWTON' J. ROBERT FLANORICK' NORMAN E. GAART EDWARD M. FOX' DENNIS P. BURKE' LELAND C. DOLLEY' COLIN LENNAPD' THOMAS J. FEELEY' NEIL i. YEAGER' BRIAN A. PIEPIN- CHARLES M. CALDERON' PETER M. THORSON* JERRY M. PATTERSON HAROLD A. BRIDGES' CHERYL J. KANE- RAYMOND J. FUENTES' VIRGINIA R. PESOLA S. PAUL BRUGVERA B. DEREK STRAATSMA DOUGLAS C. HOL4N0 DON G. KIRCHER IN CHELE VADON-RIVERA SCOTT R FIELD MARY REDUS GAYLE' RUFVS C. YOUNG. JR. >RO'[SSIO xAL CORFOR<T,On IA ESHANSI <SSOC <pHITTEp KANSAS S MISSOURI ?DnrtrtS KAxsns LAW OFFICES BURKE, WILLIAMS SC SORENSEN ONE WILSHIRE BUILDING GREGORY k DOCIMO 62. SOUTH GRAND AVENUE, IIT. FLOOR ELIZABETH L MANNA LOS ANGELES, CALIFORNIA 50017 KATHRYN R PETERS' LISA E KR.ANITS 12131 236-0600 M E MCNALLY DENNIS I. FLOYD _ LINDA L DAVSE TELECOPIER: (213) 236-2700 M. LOIS BOOAK ROBERT V WADDEN FRANK X. WHITEHCAD, 111 HARRY G WILLIAMS SCOTT X. CAMPBELL (1912-19671 MARYANN LINK GOODKIND TIMOTHY S. MCOSKER ROYAL M. SORENSEN DIANA L FIELD 1191419831 RITA J. TAYLOR STEVEN J. DAWSON JAMES F. RIGALI JAMES R. FELTON "TERRY R NAUFMANN STEPHEN R. JAIME AREVALOSTOT October 17, 1990 F. DANIELS CRAWFORD, $ MARIANNE WOO JOHN E CAVANAUGH MARK O. HENSLEY PETER D. TREMBLAY G MICHAEL 2WEIBACK ROGER L MO City Councilmembers/Commission Members/ Committee Members City of Santa Clarita 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355 Re: Conflict of Interest Overview VENTURA COUNTY OFFICE 2310 PONDEROSA DRIVE SUITE 1 CAMARILLO, CALIFORNIA 93010 1805) 987-3468 ORANGE COUNTY OFFICE 3200 BRISTOL STREET SUITE SAO COSTA MESA. CALIFORNIA 92626 17141 545-5359 LIGHTON PLAZA 7300 COLLEGE BOULEVARD SUITE 220 OVERLAND PARK,KANSAS SOSO (11 1 339.6200 OF COUNSEL DWIGHT I NEWELL WRITER'S DIRECT DIAL 213-236-2708 OUR FILE NO. 02012-001 Dear Councilmember, Commission Member, Committee Member: This letter is to serve as a brief overview of the law as to potential conflicts of interest you may face.in the performance of your duties. As you are aware, the Political Reform Act for the State of California provides that: "No public official at any level of state or local government shall make, participate in making or any way attempt to use his official.position to influence -- a governmental decision in which he knows or has reason to know he has financial interest." (Government Code section 87100.) The threshold test for determining whether a public official should disqualify him or herself from participating in a decision is to determine whether you or your immediate family has a financial interest involved. You have a City Councilmembers/Commission Members Committee Members October 17, 1990 Page 2 financial interest in a decision when it is reasonably foreseeable that the decision will have an effect on: (1) any real property in which you have a direct or indirect interest of $1,000 or more; (2) any business entity in which you have a direct or indirect investment of $1,000 or more; (3) any source of income of at least $250 in the last 12 months; (4) any business entity in which you are a director, officer, partner, trustee, employee, or hold any other managerial position; or (5) any donor of a gift aggregating $250 or more within the last 12 months. Once it is determined that a financial interest does exist, it must be determined whether there is reasonable foreseeability that the decision will have a material financial effect on you, distinguishable from the effect on the public generally. The Fair Political Practices Commission has adopted a complew'set of criteria to determine whether there is a material financial effect. The threshold question or a ermining a erm to erm t ialit-- yy is deciding whether the decision directly or indirectly affects the official's.economic interest. The Fair Political Practices Commission has established specific guidelines to determine when the financial effect is material on a business entity which is indirectly involved in the decision. The Commission has established seven categories, depending upon the size of the business. The larger the business, the greater the effect must be. For the smallest category of business (a business that does not have net tangible assets of $4,000,000, a pre- tax income for the last fiscal year of $750,000, or net income of $400,000), the effect is as follows: the decision will be material if it will result in an increase or City Councilmembers/Commission Members Committee Members October 17, 1990 Page 3 decrease in (1) gross revenues for a fiscal year of $10,000 or more; or (2) the business entity incurring or avoiding additional expenses or reducing or eliminating existing expenses for a fiscal year in the amount of $2,500 or more; or (3) an increase or decrease in the value of assets or liabilities of $10,000 or more. The.Political Reform Act contains many definitions which are critical in the application of the law relating to potential conflicts of interest. The guidelines which have been developed by the Fair Political Practices Commission, mentioned above, are very complex and comprehensive. The portion of the guidelines noted in the paragraph immediately above is only a small portion of the regulations which are utilized by the Commission in interpreting and enforcing the Political Reform Act. Because of the complexity of the Act and the specific rules and guidelines which are utilized in enforcing the Political Reform Act, it is impossible to expect you to keep in mind the specific limitations. It is for this reason, and to.assure your protection, that you are urged to contact me or a member of my office at any time you consider that there may be facts present which may constitute a potential conflict of interest. Often, we can review the situation with you in a telephone call and provide you with immediate advice, which will resolve any concerns you may have. on some occasions, it may be necessary to do further research or to ask you for a memorandum of facts for the purpose of providing you with a more comprehensive opinion. On some occasions, it may even be necessary to seek the opinion of the Fair Political Practices Commission legal counsel. In very complex and difficult.cases, such an opinion can be obtained pursuant to a procedure provided for in the Political Reform Act. If you have any additional questions regarding this matter, please do not hesitate to contact me. Sincerely, 61 CARL K. NEWTON Of BURKE, WILLIAMS & SORENSEN CKN/sjw ckn/LTR31190