LAGUNA NIGUEL : Panel Says Mayor Violated State Law

Laguna Niguel Mayor Patricia C. Bates violated state law but did no “public harm” when she chaired City Council meetings about a ridgeline-protection ordinance, according to a letter from the California Fair Political Practices Commission.

The letter was mailed to Laguna Niguel resident Eddie Rose, who lodged the complaint against Bates in October. Rose is a leader in the attempted recall of Bates and three other council members.

In the letter, dated Dec. 4, the commission said that although Bates abstained from the vote, she should not have chaired portions of meetings in September and October during which the ridgeline-protection initiative was discussed. However, it also says her participation was “nominal, involving only the orderly progression of the meeting” and did not warrant enforcement action.

The ordinance would have prohibited development within 300 feet of ridges, preventing property owners from building on their lots in areas such as Bear Brand Ranch and Monarch Point. Bates owns a Monarch Point lot.

Although residents gathered sufficient signatures for the measure, the council refused to pass it as law or put it to a citywide vote. City officials said it would open the way for lawsuits harming the city.

According to the commission’s letter, a public official is prohibited from participating in a “governmental decision in which he knows or has reason to know he has a financial interest.” Chairing a council meeting “constitutes participation and is prohibited if the official has a conflict of interest,” it says.

When notified of the initial complaint, Bates said she had consulted with the city attorney before participating in the meetings. Since early November, the mayor has delegated the leadership of a meeting to another council member when she has had a possible conflict of interest.

A commission spokeswoman said Monday that Bates had received a warning letter advising her of the violation. Bates could not be reached for comment Monday.

Rose said on Monday that he was “somewhat satisfied” with the response from the commission.