2 Surf City officials may not vote on mall for now

Tariq Malik

HUNTINGTON BEACH -- Burlington Coat Factory officials have asked two

City Council members to abstain from voting on an upcoming eminent domain

hearing regarding the Huntington Center because of a possible conflict of

interest.

Tom Harman and Pam Julien -- who ran successfully for state Assembly

and City Council, respectively -- received campaign contributions

totaling more than $3,000 from Irvine-based developer Ezralow Retail

Property LLC last month.

In October, the council approved Ezralow’s plans to turn the

30-year-old Huntington Center into an Italian-style shopping center.

Those plans did not include Burlington Coat Factory and Wards, which,

along with Mervyn’s, are the only occupants of the defunct mall.

“We want [Harman and Julien] to step down this month when it comes

time to discuss our case,” said Aviv Tuchman, an attorney for Burlington

Coat Factory. “We believe their campaign contributions reflect a conflict

of interest.”

Huntington Beach officials said the council is scheduled to discuss on

Nov. 20 the possible use of eminent domain at the Huntington Center,

which could result in the removal and relocation of Burlington and Wards

from the mall.

“We are still having discussions on acquisition and relocation for

both companies, and hope to find an amicable agreement,” said David

Biggs, the city’s economic development director.

Tuchman and other Burlington officials believe Harman and Julien won’t

be able to cast fair votes in the discussion.

Julien received about $1,800 from six people and Harman accepted about

$1,500 from five people associated with the development company,

including owner Marshall Ezralow and officials Marc and Bryan Ezralow,

who each donated $300 to the council members’ campaigns.

Assistant City Atty. Paul D’Allesandro said he is studying

Burlington’s claims that Julien and Harman should not participate in the

eminent domain discussion.

The contribution limit, known commonly as the single-source rule, has

been part of the city’s code since 1994. It sets a limit of $300 in

individual donations to candidates running for local office, he said,

adding that it can be confusing when individuals own a company.

Harman said that because he ran for a state office, his situation does

not fall under the city’s municipal contribution guidelines.

Julien, however, said her campaign treasurer carefully evaluated her

donations, and that those in question were from individuals and within

the $300 limit.

“But Burlington has asked city attorneys to investigate the matter,

which they will, and I expect nothing to come of it,” she added.

Ezralow officials agreed that the contributions were individual

donations, adding that the company was in no way reimbursing those who

chose to support the two council members.

The project, called the Crossings at Huntington, is expected to rival

the Block at Orange and the Irvine Spectrum.

The plan would raze most of what’s left of the 58-acre center near

Beach Boulevard and Edinger Avenue and bring in upscale shops,

restaurants and a multiscreen movie theater.