Mayor Abstains on 10 Votes to Avoid Conflicts

Huntington Beach Mayor Dave Garofalo abstained on 10 out of 30 votes Wednesday night at his first full council meeting since being advised by the city attorney that his relationship with two local publications could create a conflict of interest with advertisers.

After greeting foreign exchange students from New Zealand and Japan, the mayor announced he would recuse himself from the first action item on the agenda--a request by PLC Land Co. for the city to annex 2.7 acres on an ecologically sensitive bluff top for the construction of 10 estate homes.

PLC Land Co. is an advertiser in the 2000 Huntington Beach Visitors Guide, which is published by David P. Garofalo & Associates. State law bars elected officials from voting for 12 months on matters that would financially benefit those who have given them more than $250.

After an hourlong discussion, the council, on a 4-2 vote, denied the PLC annexation, as well as a zone change and a development map for the property.

Several items later, Councilman Dave Sullivan raised the conflict-of-interest issue in questioning whether the mayor could vote to assess restaurants for city inspections. Several restaurants advertise in the Visitors Guide.

However, Assistant City Atty. Paul D’Alessandro cleared Garofalo to vote, saying the action would affect all restaurants equally. The council approved the fee on a 4-3 vote, with the mayor voting no.

In a brief statement midway through the meeting, Garofalo denied profiting from advertisers doing business with the city. He said he voted on matters affecting those advertisers only when cleared to do so by City Atty. Gail Hutton. Hutton was not at Wednesday’s meeting.

Garofalo also said he would not step down, though some signs have popped up around town calling for his resignation.

During the remainder of the six-hour meeting, Garofalo cited his potential conflict of interest in abstaining on votes involving redevelopment of The Crossings at Huntington mall; a downtown parking plan; a pedestrian bridge to the Ocean Grand Resort Hotel, an expansion of the Waterfront Hilton; and a plan to reduce traffic on Pacific Coast Highway.

Several city observers said Wednesday’s meeting wasn’t unusual, and that Garofalo will find himself with multiple abstentions until questions about his financial interests are resolved.

Last month, Hutton asked the state Fair Political Practices Commission to issue a ruling on Garofalo’s votes involving dozens of advertisers in the Visitors Guide and the bimonthly newspaper, the Local News. The mayor has said all advertising proceeds were kept by the Local News, for which he sold his “publishing rights” in late 1997. However, county paperwork shows him as the owner--which he said was a paperwork error.