BREA : Developer Asks City to Restore Contract

A lawyer for developer Don McBride asked the City Council this week to restore an agreement canceled after the city attorney said it presented a conflict of interest for Councilman Ron Isles.

Doug Ring, an attorney representing McBride, told council members they acted improperly in shutting down negotiations over the development of a 7.5-acre parcel along Brea Boulevard.

“I believe that these facts will prove to you that your attempt to terminate the contract was based on erroneous information and that you ought to reverse your decision,” Ring said.

Council members did not respond to Ring’s comments. By law, they could not take action on the request because it was not listed on the council agenda.

The deal was canceled in February after almost a year of talks between McBride and the council. Negotiations were cut off after it was discovered that Isles was a business partner of McBride in another matter. Isles had voted in favor of negotiations with McBride, and City Atty. James L. Markman said that vote may have violated government conflict-of-interest laws.

McBride had been selected from more than 20 companies for the project and was granted the exclusive right to negotiate with the city. He contends that more than 50% of the project, a commercial center, had already been leased out and he had spent another $100,000 developing the project.

Ring argued that no conflict of interest existed and that McBride had suffered both a financial loss and damage to his reputation over the incident. “Unfortunately, the real effect of your action, whether intended or not, was to tell the entire community of Brea that Don McBride must have done something wrong, even though he did not,” Ring said.

Markman said that he disagreed. “I can’t suggest that the agency change its mind,” he said.

McBride has filed a claim against the city for damages and has sued Isles. The matter is also under investigation by the county district attorney’s office.