Official Ignores City Atty. and Votes

Orange City Councilman Mike Alvarez said he ignored the city attorney’s warning and voted several times on a project in the Old Towne area because he disputes claims that his ownership of nearby property is a conflict of interest.

At issue is Alvarez’s vote to approve a joint request by a property owner and the city to build a walkway at the city’s historic circle.

Nearby are an apartment complex and a commercial building, owned by Alvarez, who is in the commercial real estate business.

“I recommended that Councilman Alvarez not vote on the easement since he has properties within 500 feet,” said City Atty. David A. DeBerry in a memo to City Manager David Rudat and the council dated June 20. “However, he believes that the decision will have no financial impact on his property interests and has decided to participate.”

Alvarez said that he made no secret of the fact that he owned property nearby and he made a point of asking the city attorney for an opinion.

The City Council did not ask Alvarez to recuse himself, even though the memo was handed out to all members.

Alvarez said Thursday that the walkway was not being built for the public’s benefit but for nearby merchants.

“Therefore, we felt there was no conflict,” he said.

If there is any fault, Alvarez said, it’s the city’s, not his.

“Here [the city] built something supposed to be used only for the merchants on that property, and they tried to portray it as a public benefit,” he said.

Clouding the issue is a lockable gate to the walkway, which leads to the city’s historic plaza. Residents have complained about the lack of a public access from the plaza to a parking lot behind the Santa Fe depot. The city negotiated with the property owner to leave the walkway unlocked, providing public access, and in return the city would make improvements.

Alvarez denied that he would gain any financial benefit as a result of the project.

“Financial benefit? Not at all,” he said. “It came before us as a City Council as privately owned sidewalks for the building.”

In the memo, DeBerry said his recommendations did not constitute a finding of a conflict of interest, only that Alvarez’s participation in the vote could be challenged in court.