Freese Apologizes

Voting recently to file ledgers that detailed about $1,500 in payments made to her own direct-mailing company was a mistake, City Councilwoman Laura Freese said Tuesday night.

Her company, Savings Express of South Orange County, was listed as a payee for some printing ordered by an independent committee that has planned a year's worth of celebrations to mark the of the incorporation of San Juan Capistrano.

"I feel I should have recused myself from that vote," she said, admitting there may be a perception of a financial conflict of interest. "I want to thank Mr. [Clint] Worthington for bringing this to my attention."

It was a public apology that did not appease the man who prompted it.

During the May 17 City Council meeting, , a San Juan resident, alleged that Freese violated state regulations that outline conflicts of interests for elected officials. He said Tuesday night that Freese needed to take some sort of corrective action.

Earlier in the day, he filed a complaint with California's Fair Political Practices Commission over the votes she cast April 19 and May 3 to "receive and file" the ledgers that list payments to Savings Express South O.C. in the amount of $540 on April 19 and $1,350 on May 3.

The ledgers are routinely included in City Council agendas as "account payable warrants" under the "consent calendar"—items that are grouped together enacted by one vote without deliberation. They list checks recently cut by staffers.

But City Attorney Omar Sandoval said there is no corrective action to be taken, because Freese's votes were to merely to receive and file the warrants.

"It's not like she's approving the payments, because the payments have already been made," he said. "It would be different if she had voted to approve something."

Worthington's complaint alleges that Freese violated FPPC Regulation No. 18702.5 and California Government Code 87105. Each outline the steps a public official must take when voting on an agenda item in which he has a financial interest. The steps include the public official announcing his financial interest and recusing himself from the vote.

Worthington, who spoke Tuesday night during the oral comments portion of the meeting, went on to blame Sandoval for not recognizing what Worthington perceives as the conflict of interest.

Sandoval said the 50th Birthday Celebration Committee operates independently of the city and that the City Council would have had no role in directing any of the payments. 

Also during Tuesday's meeting, the council:

• Postponed its review of the A new date is still to be determined.
• Directed staffers to determine how much it would cost to broadcast its meetings live on the Internet.
• Voted 4-1 to deny an appeal from a resident whose 1961 Ford pickup truck was impounded by the city's code enforcement division for being a public nuisance. 
• Unanimously approved changes to its agreement with Capistrano Unified School District, the developers of and a Mello-Roos district over when and how to fund infrastructure improvements to the land on which 155 homes will be built.
• Repealed its declaration of a "Stage 1" water shortage, ending a city-run campaign asking residents and businesses to reduce their consumption.

 Stay tuned to Patch.com for more detailed coverage of these actions.