CC/RDA/CUA SPE MIN 2010 MAY 10 - Laserfiche WebLink

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500 feet of a project area and is presumed to have a financial interest affecting the decision. The FPPC has adopted the "rule of necessity" found in the Code of Regulations 18708 — in that section, there is a procedure that is laid out that allows you to invoke this rule of necessity when a four member minimum is not met for action on the item. Since four of the seven are needed to create a quorum, it was necessary to reconstitute the other three which would not be allowed to remain at the dais or in the room while the decision on the item is made. In the future, if the item is passed tonight and the Council is considering the actual merger, it will require four votes as well except under certain very limited circumstances it would require five votes. If it would require five votes, Council would have to go through the same process at that time. Those four Council members that vote tonight will remain throughout the entire project so there is no need to go through this process each time it is discussed. Those chosen will remain until the need or conflict changes such as the change of a Councilmember after an election. If nothing happens, the two that are selected tonight will continue to participate and Council will not go through the process again. City Attorney Derleth made clear that two of the five pieces of papers were marked with stars. The recipients of the papers marked with the star would be the selected participants in the voting process for the quorum; the remaining three would not participate in the process. City Attorney Derleth announced that Mayor Chastain, would recuse herself from discussion of the Redevelopment Planning Services Project due to a Conflict of Interest as she owns property/stock in a business within 500 yards of the project and her spouses employer owns property in one or more of the project areas. City Attorney Derleth announced that Councilmember Bennett, would recuse herself from discussion of the Redevelopment Planning Services Project due to a Conflict of Interest as she owns property/vested interest within 500 yards of the project areas. City Attorney Derleth further clarified that the map provided in the agenda report clearly identifies residence/properties, the FPPC treats property within these provisions this way unless proof is provided that this is not the case (definitive) so that the presumptions create the conflict and it is stated why there is no alternative and show the need of the four to create a decision. City Clerk Gomez proceeded to go to each of the Council members and had them pick a random piece of paper from the bowl. Those papers marked by the stars were selected by Council members De La Rosa and Oliva, designating them to remain for the discussion and action on the item. At 7:15 p.m., Mayor Chastain declared a recess to allow for Mayor Pro Tempore Toro to take his place and facilitate the meeting at 7:20 p.m., the meeting was reconvened with Mayor Pro Tempore Toro presiding and CM De La Rosa, Oliva and Perez present. City Manager Foster provided an overview of the project and the timelines required to move the project expeditiously for submission to the County. City Manager Foster introduced Marshall Linn, CEO of Urban Futures, Inc., who provided a brief history and background of our current situation using a PowerPoint presentation. PUBLIC COMMENT The following citizens addressed the council: Tony Morales City Attorney Derleth stated that the City can waive the formal RFP process when it is in the best interest of the City to move this item forward without going through the RFP process, however, Urban Futures was selected in December 2009. 2010 MAY 10 SPC CC/RDA/CUA MEETING - 2 -