Homeowners Seek Ouster of Planning Chief : Burbank: A group charges that an official sought support for a development project, which constitutes a conflict of interest.

A Burbank homeowners group has asked the City Council to remove Planning Board Chairman Jim Wagner for an alleged conflict of interest in his solicitation of support for a proposed development project involving his employer, developer Thomas Tunnicliffe.

On Tuesday, members of the Burbank Rancho Homeowners group presented the council with a letter written by Wagner sent to members of the Burbank Chamber of Commerce seeking support for Gourmet 88, an upscale Chinese restaurant considering opening a franchise in Burbank. The restaurant would be located in a Thomas Realty Development building at 230 N. San Fernando Blvd.

“There are required hearings to bring this quality business to the downtown,” wrote Wagner, who is director of commercial services for Thomas Realty. “We would like to have your support by sending us a letter to take to the Planning Board and City Council to let them know how you feel.”

Wagner included a sample letter to the Planning Department as a guide. “Your own words and stationery would be more impressive,” he advised in the letter.

“This is an incredible conflict of interest,” Ted McConkey, a member of the homeowner group, told the members of the City Council. “We demand that Mr. Wagner be removed.”

Several other members of the homeowners group called for Wagner, who was appointed by the council to the Planning Board in 1987, to resign.

Wagner acknowledged Wednesday that he wrote the letter but said he does not feel that it represents a conflict of interest.

“That letter was sent out to friends of mine,” Wagner said. “It is my function as a member of an organization to bring business into the downtown area. It was in that context that I wrote the letter.”

Wagner said he would not resign his position on the board because that would imply guilt.

“There is no basis for me to resign,” Wagner said, adding that he does not discuss Thomas Realty development projects with the Planning Board and that he abstains from voting on any issues involving his employer.

Members of the City Council said that they would like to hear directly from Wagner before they consider what, if any, action to take.

“The letter . . . is somewhat shocking and disappointing,” Councilman Tim Murphy said. “But I don’t want to prejudge the man without hearing from him.”

The City Council said it would ask Wagner to notify the Fair Political Practices Commission to determine if he is in conflict.

But Wagner said he had no intention of doing so and stood by his record of public service in the community. “I don’t see how that is appropriate,” he said.

Sandra Michieko, a spokeswoman for the Fair Political Practices Commission, said that as long as Wagner does not participate directly or indirectly in staff discussions or on decisions regarding his employer that he would not be in violation of any conflict of interest laws.