HUNTINGTON BEACH : Councilman Cleared to Vote on Project

City Atty. Gail C. Hutton has issued a legal opinion saying that Councilman Ralph Bauer has no conflict of interest involving his property and Koll Co. development proposals for land around the Bolsa Chica wetlands.

Bauer, a critic of the Koll plan, was accused of a conflict of interest by a citizens’ organization, the Bolsa Chica Alliance. The alliance supports the Koll Co.’s plans to build a residential development and to restore some degraded wetlands around the Bolsa Chica.

Pam Julien, president of the Bolsa Chica Alliance, said at the City Council meeting May 3 that Bauer should abstain from voting and acting on Bolsa Chica-related issues. Julien said Bauer owns property that would be affected by the proposed development.

In a legal response to Julien’s accusation, Hutton said at the City Council meeting Monday night that she had researched the issue and had found no conflict of interest involving Bauer.

Bauer does own some property in the Huntington Harbour area, Hutton said, but none of the land is close enough to the Koll Co. development site to require him to declare a conflict of interest.

Hutton noted that state regulations say property within 2,500 feet of a project may be a source of a conflict of interest. None of Bauer’s property is within 2,500 feet of the Koll Co. proposed development site, she said.

“In the absence of some material financial interest in a project, the conflict-of-interest law does not prohibit participation by a council member in planning decisions,” Hutton said.

The issue may be moot, however, because Huntington Beach city government no longer has primary jurisdiction over the proposed Koll Co. development. The company has withdrawn its proposal from city consideration and has instead said it will seek county government approval. The Koll property is in a county area but was in the city’s sphere of influence.

Nonetheless, city government will have an advisory role on the proposed development, and Bauer is among the most outspoken of critics of the Koll Co. plan.

Julien and the Bolsa Chica Alliance had charged that Bauer is misusing his authority as a councilman in some of his opposition to the Koll Co. plan. Julien specifically mentioned Bauer’s letters to newspapers and his talks to community associations opposing the proposed development.