Following consideration by the Planning Board of an application for a Conditional Use Permit and a Variance on Magnolia Blvd., several neighbors appeared at a subsequent City Council meeting alleging that Mr. Dan Humfreville, who sits as a member of the Planning Board may have had a conflict of interest in the matter.  The Council, understanding that an appeal had been filed, asked the City Attorney to provide a legal opinion on the conflict issue, but directed that it be brought back to the Council separately from the appeal.  The appeal was heard by the Council and upheld (the CUP and the Variance were denied), and subsequently the confidential legal opinion was issued.  Then on November 22, 2005, the Council voted to waive the confidentiality of the opinion and the opinion was released publicly (copy attached).  At the same meeting the Council asked that Mr. Humfreville be given the opportunity to address the Council and explain his position on the issue of a conflict of interest.

There was a suggestion by some Council members that Mr. Humfreville should be removed from his position as a Board member.  In this regard, Burbank Municipal Code �2-401 provides that �[m]embers shall serve at the discretion of the City Council.�  The result is that members of the Planning Board (as well as members of other boards and commissions of the City) may be removed in the same manner in which they are appointed, by a vote of three members of the City Council.  Despite the current lack of a full City Council, the vote of three members is still required to either remove or appoint a member of the Planning Board.

It is recommended that the Council allow Mr. Humfreville to present his feelings on the matter of conflict of interest and then take action as deemed appropriate.

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