The La Jolla Community Planning Association (LJCPA) is revisiting its appeal procedures in the face of a 30-day deadline issued by attorneys for developer Bob Whitney on March 2, who is asking the board to set aside an appeal of his proposed development in La Jolla Shores or face potential litigation. Robin Madaffer, an attorney from Schwartz, Heidel, Sullivan, LLP in San Diego, wrote to the association charging that the LJCPA had violated the Brown Act in its actions relating to the Whitney project, a plan to build a dual residential/commercial building at 2202 and 2206 Avenida de la Playa. Maddafer also sent a letter to the City of San Diego on Feb. 8 outlining the allegations. The Brown Act, more formally the Ralph M. Brown Act, is a California law that defines how government agencies conduct business and is supposed to create transparency in public meetings. Whitney’s attorneys allege that the original appeal filed by the LJCPA in January was not properly approved in a meeting of the association, and that even if it had been properly approved, it was to be ratified by the LJCPA at its regular meeting in February or be invalidated. However, the appeal did not come before the board again until its most recent meeting on March 3. The issue came to a head on March 3 when board President Joe LaCava informed trustees of the two letters. LaCava said he has contacted the City Attorney’s Office to seek advice on the Brown Act issue and find out if the LJCPA is liable. City attorney spokeswoman Gina Coburn said the office was aware of the situation and that the City Planning and Community Investment Department, which oversees the planning groups, is investigating. “When they have concluded their fact-finding, we will respond more formally to the letter,” she said in an e-mail. Nevertheless, the LJCPA plans to start examining its procedures at its next regular meeting on April 7. The association has also proposed the appointment of a committee to make recommendations for changes. LaCava said there has been no wrongdoing by the board, but said there has been confusion about LJCPA rules and procedures, not only in regard to the Whitney project but other applicants as well. “What’s most important is our credibility and our integrity, and if there’s a question about how we handle our votes, then there is no reason for us to be here,” LaCava said. In the case of the Whitney project, rules for appeals and their timing were revised in December. But there was a question of whether the old rules requiring appeal ratification at the next meeting or new rules that could omit that requirement were in effect. Because of a parliamentary mistake, LaCava said, both sets of rules were technically on the books when the action was taken on the Whitney project. This prompted Whitney’s complaint that the board improperly changed the rules. “You can’t have a policy change without a public hearing,” he said. This has opened the question of what the board’s role in project approval really is. “I take Mr. Whitney’s point,” said Trustee Devin Burstein at the March 3 meeting. “But at the same time, if you change the policy, then I don’t understand why we have to address an old policy we voted to change,” Trustees said applicants have also voiced concern about first having to get approval from the traffic and transportation or development permit review committees, after which they essentially start all over again in front of the LJCPA, possibly having to return to one of those subcommittees. It was also noted that the board has neither a staff attorney nor a parliamentarian, both of which might help the board to side-step potential procedural or legal problems like these. “The credibility of this organization is at stake. We need to look at how we work with DPR,” said Trustee Orrin Gabsch. He said the board specifically needs to look at how it handles applicants who come before the LJCPA, then go to DPR and return to the LJCPA with a different plan. The next regular meeting of the LJCPA is scheduled for April 7 at 7 p.m. at the La Jolla Recreation Center, located at 615 Prospect St.