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BACKGROUND <br /> At its July 19, 2016 meeting, the City Council authorized an update to the Downtown <br /> Specific Plan and the creation of a ten member Task Force to guide that process.' <br /> Thereafter, in August 2016, the City Attorney's Office, at the request of City officials, <br /> began correspondence with the Fair Political Practices Commission (FPPC) staff counsel <br /> regarding Task Force membership and potential financial conflicts of interest under the <br /> State's Political Reform Act. <br /> At its September 14, 2016 meeting, the Planning Commission appointed two members <br /> (Nancy Allen and Herb Ritter) and one alternate (Justin Brown) to serve on the Task <br /> Force. The Task Force membership was subsequently ratified by the City Council at its <br /> October 4, 2016 meeting. <br /> Based on informal email correspondence with the FPPC on August 16, 2016, November <br /> 8, 2016, December 2, 2016, and December 28, 2016, FPPC counsel advised that <br /> financial conflicts of interest required that replacement appointees to the Task Force be <br /> selected for one of the representatives for the Planning Commission (Nancy Allen) and <br /> one representative from the Economic Vitality Committee (Olivia Sanwong). <br /> Subsequently, at its December 14, 2016, meeting, the Planning Commission appointed <br /> Commissioners Brown and Ritter to the Task Force, and appointed Commissioner David <br /> Nagler as an alternate. The Economic Vitality Committee appointed Sylvia Tian as its <br /> alternate representative. These replacement representatives were ratified by the City <br /> Council on January 17, 2017. <br /> On May 22, 2017, staff counsel from the FPPC responded to an April 12, 2017 request <br /> by Nancy Allen and City Attorney Dan Sodergren requesting further evaluation of <br /> Commissioner Allen's potential conflict of interest. The FPPC opined that Commissioner <br /> Allen may participate in and vote on decisions relating to the Downtown Specific Plan <br /> Update despite having an interest in her jewelry making business and receiving income <br /> for the sale of her jewelry from Studio Seven Arts at 400 Main Street. <br /> The FPPC has also provided formal written advice that Councilmember Karla Brown may <br /> participate in decisions involving the Downtown Specific Plan. In addition, by separate <br /> written formal advice, the FPPC advises that Parks and Recreation Commissioner Bryan <br /> Bowers may attend and speak at meetings of the Planning Commission, Downtown <br /> Specific Plan Task Force and City Council regarding the Downtown (but not participate if <br /> matters involving the Downtown Specific Plan come before his own Parks and Recreation <br /> Commission). Most recently, at the request of Planning Commissioner Jack Balch, the <br /> City Attorney's Office on June 2 sent a formal request to the FPPC asking if he may <br /> participate in decisions involving the Downtown Specific Plan. In response, the FPPC <br /> The Task Force has 10 representatives comprising: (A)two Council Members and one alternate;(B)two Planning <br /> Commissioners and one alternate;(C)two Pleasanton Downtown Association members and one alternate;(D)one <br /> Economic Vitality Committee member and one alternate;and(E)three at-large members. <br /> 2 This request for formal advice was spurred, in part,from formal advice received by Councilmember Brown where <br /> the FPPC staff counsel stated that she may participate in decisions involving the Downtown even though she receives <br /> income from Berkshire Hathaway Home Services,which has an office in the Downtown. <br /> Page 2 of 3 <br />