LAGUNA NIGUEL : Mayor Accused of Conflict of Interest

A key proponent of the recall effort against four Laguna Niguel council members has filed a conflict of interest complaint with the state accusing Mayor Patricia C. Bates of chairing and controlling City Council discussions of an ordinance that affected her property.

Laguna Niguel resident Eddie Rose filed the complaint with the Fair Political Practices Commission after Bates allegedly chaired portions of meetings while voluntarily abstaining from the vote on a controversial ridgeline protection ordinance.

The ordinance became a sensitive issue when lot owners learned that it could prohibit further construction on their property.

The council meetings involved were held Sept. 4 and Oct. 2.

Bates, who said at the time of the votes that she was abstaining because she owns a lot that could be affected, said Friday she was unaware of the complaint.

Bates said she consulted the city attorney before participating but declined further comment until she receives a copy of the complaint.

City Atty. Terry Dixon could not be reached for comment.

While not referring specifically to Bates, FPPC spokeswoman Sandra Michioku said state law generally “says a public official must avoid participating in a governmental decision if it’s foreseeable that it will significantly affect a financial interest.”

An official has participated, Michioku added, “when he or she responds to comments, takes part in discussions or advises or makes recommendations to a decision maker,” whether or not the advice is followed.

Rose said that Bates “participated in the meetings. She made rulings from the chair.”

The proposed ordinance was endorsed by more than 4,000 voters in a recent petition drive. Last month, after being advised by city officials that the ordinance could have a major financial impact on this new city, the council delayed further consideration.

At the conclusion of the vote, all council members except dissenter Paul M. Christiansen were presented with recall notices. Wording on the recall petition was approved by the city clerk on Friday and Rose said proponents will begin collecting signatures this weekend.

A separate recall move has since been initiated against Christiansen. The resident who launched that drive has until Monday to present the first draft of her petition to the city clerk.

Meanwhile, the city has sent mailers to all property owners in Laguna Niguel alerting them to the public hearing on the ordinance, which will be held at 7:30 p.m. at the YMCA on Crown Valley Parkway. The council is expected to gather information at that hearing and take action at a subsequent council meeting, City Clerk Juanita Zarilla said.