While some members of the La Jolla Community Parking District Advisory Board urged fellow members to proceed with caution in an effort to gain the public’s trust during last Wednesday’s meeting, acting chair Martin Mosier pushed through a motion to present a conflict of interest code to the San Diego City Council.
“Rather than putting water on the fire, Martin, you light the TNT fuse every time,” parking board alternate Darcy Ashley said.
The parking board was created in 2005 by Promote La Jolla (PLJ), the community’s Business Improvement District, but has screeched to a halt until its board members create and fill out a conflict-of-interest form to submit to the Fair Political Practices Commission (FPPC). Deputy City Attorney Michael Calabrese collaborated with the board members to create a code appropriate for the parking district, yet still in line with the FPPC. Calabrese will present the code to the San Diego City Council for approval. Once approved, the code will regulate the conflict-of-interest form board members must fill out.
During last Wednesday’s meeting of the advisory board, members along with Calabrese fielded public comments about the draft code written by Mosier and Mark Evans. The code is divided into four categories that ask board members to disclose their interests, real property, investments and businesses and ask any consultants to disclose interests related to parking. Calabrese said Promote La Jolla could be considered a consultant.
Some community members submitted revised drafts with changes. The board accepted a portion of one of the amended drafts, written by community member Karl ZoBell. Calabrese said he was given the other half of that draft to look over and approve. The public disagreed with the board over the consultant category. According to Calabrese, a consultant could potentially get a pass from officials, meaning they wouldn’t have to fill out a form. But, he said there would have to be a good reason.
The La Jolla parking board has drawn huge crowds to recent meetings for its controversial views regarding paid on-street parking. Many who attend meetings say the area has no parking problem, the businesses that want parking will benefit and smaller businesses will suffer, and some say members on the board have a vested interest in parking or parking-related issues, such as parking lots. Several attorneys or retired attorneys who live in the community have begun to attend parking meetings, becoming active against the paid-parking issue. Attorney ZoBell has raised many issues, from the board’s “untrustworthy” behavior to concerns that other communities may profit by La Jolla’s paid parking.
“Paid-for parking serves other communities,” ZoBell said. “That ought to be disclosed."
ZoBell submitted that communities close to La Jolla could benefit from meters because consumers will potentially shop elsewhere. He asked that the board implement a 10-mile radius clause inside the conflict of interest code. For example, some board members live and own businesses in Bird Rock. ZoBell said that information should be disclosed.
Calabrese explained the balancing act involved in creating a custom code. Although community members have a right to know if a board member owns anything that would influence decisions,
Calabrese said the board members are volunteers with an expectation of privacy.
“There are legitimate privacy interests,” Calabrese said. “The law requires us to balance those interests.”
But some members of the community said they were outraged that the board passed a motion to approve the code. Complaints included failure to post the code for a longer period of time in a public domain, a lack of transparency on the board’s part and possible conflicts of interest.
Other complaints include Mosier’s failure to let the public know when the meetings will be held.
This issue keeps coming up at every meeting, said Bird Rock resident Joe LaCava. After hearing another complaint about lack of notice, he asked the parking board to remedy the situation.
Two members previously resigned or recused themselves due to a conflict of interest, including former chair Peter Wagener. During the meeting, the board announced Wagener recused himself due to a conflict of interest. If Wagener didn’t leave, the board would have had to take action, it was announced.
Ashley said Mosier violated rules by passing motions and refusing to listen to other board members. Board member Tom Brady made a motion to table the financial disclosure issue until the next meeting, but Mosier brushed the motion aside, calling for members to approve a vote on the financial statement immediately.
According to Ashley, ignoring Brady’s motion goes against Roberts Rules of Order, which govern meeting conduct, and was an abuse of power. Calabrese said he is researching the issue.
But the entire dispute may come to a halt. Steve Haskins, attorney for La Jollans for Clean Government, announced that he requested public records for PLJ and the parking board.
Haskins said that, after pulling records, it was clear there was evidence that the board had spent “several years of violating the law.”
“Everything they’ve done until now is tainted,” Haskins said.
He served two documents at the meeting, one for Brown Act violations and one for an abuse of the parking board’s authority regarding the code. But the board members continued to pass motions.
The next regular parking meeting is scheduled for Wednesday, Feb. 20 at 4 p.m. at La Jolla Recreation Center, 615 Prospect St. For information, go to www.lajollabythesea/parking. For information about La Jollans For Clean Government, www.lajollawatchdog.org, or go to www.nopaidparking.org.
There will be a hearing to adopt the conflict code on Feb. 26 at the San Diego City Council, time to be announced.