IRVINE : Worker’s Possible Conflict Ruled Out

A traffic consultant who works for the city and also lobbies city officials on behalf of developers is violating no conflict-of-interest laws, City Manager Paul O. Brady Jr. said Wednesday.

A law firm that looked into the possible conflict determined this week that consultant Les Card of LSA Associates in Irvine has no conflict of interest arising from his work for the city and outside clients.

But the two city officials who raised the question of a possible conflict and Card himself said Wednesday the legal opinion still leaves unanswered whether working for the two clients was proper.

“This opinion dealt with the technical issues of the (possible) legal conflict of interest,” Card said. “What was more important to me was the moral or ethical conflict. And I’m still convinced there is no conflict.”

Legalities aside, City Councilwoman Paula Werner and Planning Commissioner Kate Clark said they are still uncomfortable about having a city-hired traffic consultant lobbying them on behalf of special interests. They asked for the inquiry last month.

The question came up after Card, a longtime city traffic consultant and former city employee, testified before the Planning Commission on behalf of developers and landowners in the Irvine Business Complex.

Card has also been lobbying city officials privately on behalf of the developers and landowners, known as the IBC Consortium, which is urging the city to relax proposed building restrictions for the business center, a huge area of Irvine stretching roughly from John Wayne Airport north to the Tustin Marine Corps Air Station.

As part of Card’s work for the city, his company has been preparing and updating a street improvement plan for the business complex.

Card has said repeatedly that this work for the city does not benefit other clients of LSA and is not a conflict of interest.

But Card’s work involves an important city issue that will affect developers who are also his clients, Clark said. As a consultant, Card is more likely to have the ear of city officials, she said. That access could have undue influence because it might be unclear whether Card is speaking on behalf of what is best for the city or what is best for the developers, she said.

“The problem arises,” Werner said, “when a consultant is working for what is perceived to be both sides of the fence. I still believe there is a perception (with Card’s work) that something’s not quite right.”

As a result of looking into the possible conflict, Brady said, the city will change its policy and require consultants to disclose whether they have possible conflicts of interest.