With Vice Mayor Gabino Aguirre, Councilman Rick Cook and Mayor John Procter found to have a conflict of interest, Councilwoman Mary Ann Krause and Luna would have been joined in the vote by one three determined by drawing straws.“At that meeting, I listened carefully to what (interim city attorney) Karl Berger said after his report and decided I needed further advice from the FPPC,” said Luna.Berger told the council that he represents the city as a corporation and is not allowed to counsel individual council members.The FPPC representative “told me that I definitely had a conflict of interest,” and advised Luna to request a written opinion from Chief General Counsel Louisa Menchaca.Luna is awaiting a reply, which should be issued within 20 days, he added.Centex Homes has been working with the city to develop the 2,200-acre Fagan Canyon - which hugs the north perimeter of the city - with up to 2,500 homes.
Luna bows out of Fagan Canyon votes until FPPC ruling on conflict
July 25, 2003
Santa Paula City Council
Councilman Ray Luna is awaiting a written ruling from the Fair Political Practices Commission (FPPC) on whether or not he has a conflict of interest regarding future development in Fagan Canyon.
By Peggy KellySanta Paula TimesCouncilman Ray Luna is awaiting a written ruling from the Fair Political Practices Commission (FPPC) on whether or not he has a conflict of interest regarding future development in Fagan Canyon.Luna said that a phone conversation with a FPPC official confirmed his suspicions that - although his 9th Street residence is beyond the 500-feet circle of property ownership that has affected the voting rights of three council members - traffic impacts from the proposed development bring him within the conflict area.“My biggest concern is that I was told that it did not appear to the city that I had a conflict,” said Luna, who refused to vote on several issues related to the proposed development at the July 21st council meeting.At Monday’s meeting the council was set to vote on the pre-annexation agreement with Centex Homes to assure that city costs incurred resulting from or relating the review and analysis of potential development will be fully reimbursed. The agreement was also to establish thresholds and baselines for such matters as the fair allocation of housing units among the various property owners in the canyon, and the reimbursement of costs to Centex by other benefiting property owners accordingly.The second item to be considered by the council was a $200,000 reimbursement agreement requiring Centex Homes to deposit the amount with the city against future process costs.
