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City attorney flags conflict; council records Stewart abstention on KB Homes right-of-way item
Summary
City Attorney's Office told the council that a prior unanimous approval of a KB Homes right-of-way vacation required corrective action because Councilmember Constance Stewart should have abstained; Councilman Stewart explained the family relationship and abstained on the corrective vote tonight.
City Attorney's Office staff told the council that item 24 — a right-of-way vacation tied to a KB Homes development near Via Nobila — had been unanimously approved at the July 21 meeting but that the office recently identified a required abstention by Constance Stewart because of a family relationship with the property owner. To correct the oversight, staff placed the item on the current agenda so the council could receive the required abstention statement.
Michael Oh of the City Attorney's Office summarized the earlier approval and explained the corrective process. Councilmember Stewart stated that his nephew John Stewart is an owner of the property and that the family relationship "could be perceived by a reasonable person to affect the independence of my judgment on this matter" and therefore he would abstain from deliberation and voting. The council then voted on the item with the recorded abstention; the clerk reported the motion carried with the exception of Stewart's abstention.
