Garofalo, Julian cleared to vote on Downtown project

Eron Ben-Yehuda

HUNTINGTON BEACH -- Mayor Dave Garofalo and Councilwoman Pam Julian will

no longer be required to abstain from voting on a controversial hotel,

restaurant and retail project Downtown because of conflicts of interest,

a city official has said.

Throughout the recent, often raucous, debate on the multimillion-dollar

project -- bounded by Main Street, Walnut Avenue, Sixth Street and

Pacific Coast Highway -- the City Council has had to make do with only

four votes. Garofalo, Julian and Councilman Ralph Bauer each own property

near the project, forcing them to abstain from voting on the matter.

The remaining council members made up a razor-thin majority that required

a unanimous decision to pass an ordinance reinstating the power of

eminent domain over residential properties standing in the project’s way.

And to enforce eminent domain, the council also had to amend its

redevelopment plan, since the project falls within the city’s Downtown

redevelopment district.

Such a shaky coalition crumbled easily in the face of strong opposition

from residents who were shocked the council threatened to force people

out of their homes. The council decided last month to rescind its changes

to the redevelopment plan and leave the residences alone, specifically

nine apartments above the El Don liquor store and one apartment behind

Papa Joe’s Pizza. City officials hope the owners will reach an agreement

with the developer so the project can move forward.

Now with two more members eligible to vote, the council may show less

patience with six other commercial property owners at the site. Unlike

with homes, the council still holds the power of eminent domain over

commercial properties.

A vocal opponent of the project, Jim Lane, who owns commercial property

that may be targeted by the newly reinforced council, wants a second

opinion about the eligibility of the council duo. He said he asked his

attorney to check with the Fair Political Practices Commission to make

sure they’re “absolutely clear of any conflicts of interest.”

An appraisal of Garofalo’s home in the 600 block of Main Street

determined the project would not have a “material financial effect” on

his property, clearing the way for him to vote on the project in the

future, said Deputy City Atty. Paul D’Alessandro. Since Garofalo has no

conflict, then Julien, who owns a home farther away in the 1900 block of

Pine Street, would also have no conflict, he said.

Bauer owns apartments outside the redevelopment zone, but close enough to

raise concerns, D’Alessandro said. An appraisal has not been completed

yet on his two properties in the 200 block of 12th Street and the 1300

block of Walnut Avenue, he said. They should be completed by the end of

this month.