Charge of impropriety suspends discussion of peddling ordinance
Council says it will revisit issue at upcoming May 14 meeting
By Kyle Jorrey kjorrey@theacorn.com

Residents were asked to put their opinions about the city's anti-peddling ordinance on hold for one more week Monday when a question of conflict of interest arose. City Council members chose to put off further discussion on the controversial law until city attorney David Hirsch could come back with a decision.

The question: Does the business relationship Councilmember Steve Sojka has with Conroy's Flowers make him unable to render an impartial judgment in a decision that impacts street flower vendors?

As of Wednesday, Hirsch said he wasn't ready to release an official statement on the matter, and he refused to predict the outcome of his research, saying only, "I'm expecting we will be able to move forward with things on Monday (May 14)."

The issue of impropriety was brought up by Simi resident Sheila Lane, daughter of hot dog vendor Stephen Lane and the first of 32 attendees who handed in cards Monday saying they wished to address the council on the issue. As it turned out, Lane would be the first- and last- resident to give public comment.

The City Council had agreed April 23 to revisit the month-old law after holding opendoor meetings with a group of strawberry vendors who said they'd been put out of work by the new ordinance after legally doing business in Simi Valley for more than 15 years.

Prior to the ordinance, the vendors- nine of whom come from one family- had all the permits and licenses required by the county and city to operate produce carts.

City Ordinance No. 1109, which went into effect March 14 after being approved by the council 4-0 (Councilmember Barbra Williamson was absent), prohibits peddlers from selling items including flowers, food and other goods while standing or walking on city streets, medians or sidewalks. The law also requires that anyone selling goods from a motor vehicle on public property must move the vehicle at least 500 feet every 10 minutes or face a fine.

Holding a letter sent by Stephen Lane, who was unable to attend the meeting, Sheila Lane read her father's words with conviction, bringing up an issue the hot dog vendor first spoke about at the Feb. 12 meeting at which the council voted to approve the ordinance.

"In previous council meetings Mr. Sojka was asked if he had any business relationship with Conroy's Flowers, and in later meetings he stated 'yes,' his direct mailing company did in fact have dealings with Conroy's," Lane said. "Since the issue before you, if reaffirmed, would outlaw street flower vending, Conroy's Flowers and other flower shops stand to enjoy a huge financial windfall as a direct result.

"Mr. Sojka has obviously admitted a conflict of interest and must remove himself from the voting process," Lane concluded.

Responding to the statement, Sojka quickly asked the city attorney to address the matter so, as he put it, "if there is any appearance of a conflict of interest, I will remove myself immediately."

Hirsch responded by explaining what might constitute a conflict that would require a council member to remove him or herself from a discussion- a practice that occurs frequently in municipal proceedings- but stopped short of giving Sojka the red or green light he was looking for.

"Generally, in order for this to be a conflict of interest it would have to be demonstrated that it would have a significant financial effect on the business, and there are standards I can't analyze without looking at regulations," Hirsch said. "It also has to be more than just a mere possibility that it would affect their business in that substantial amount . . . and I think this is probably going to fall under that category, but I can't really go any further in trying to analyze it on the spot."

"Well, I just want a clearcut answer," Sojka responded, showing signs of frustration. "I don't want these people out here to think I have anything devious in mind. I serve the entire community. There are flower shops in Simi Valley I don't advertise for . . . I want to know now because I don't want to go any further if that's not the case."

Put on the spot before a sizable crowd at City Hall, Hirsch repeated his need for additional time.

"I can certainly appreciate wanting a hard and fast answer now," the city attorney said to Sojka, "I apologize for not being able to give you anything more substantive. As you know, when these kind of issues come up I also have to check with the Fair Political Practices Commission."

Prompted by Hirsch's statement that "it's always appropriate to avoid the appearance of impropriety," Sojka began to get up from his council chair to recuse himself when Councilmember Michelle Foster stepped in.

"We're opening up a huge can of worms here. I do printing for flower shops in town, not Conroy's, but others," said Foster, who owns Printmasters.

Councilmembers Glen Becerra, who works for Southern California Edison Co., and Barbra Williamson, a First California Bank vice president, also opposed having Sojka recuse himself, saying they too could be tied to flower shops in town.

"At that point, Barbra does banking for flower shops and my company provides electricity for them so maybe we should just leave it to (Mayor) Paul (Miller) and he can decide," Becerra said, generating laughter from the audience.

"Or what we can do is take no action and leave it how it is," Miller interjected, causing the laughter to stop.

"That doesn't work for you either, does it?" he asked the audience. Eventually, the council members decided it was best to allow the city attorney more time to look at the facts and make a final ruling in time for the peddling ordinance to be on the agenda again on May 14.

Moans and groans could be heard as the meeting was adjourned and audience members spilled out into the night.

Simi resident Rita Henry, who spearheaded the efforts by the strawberry vendors to get the law changed, said 27 residents were in attendance Monday to speak on behalf of the vendors- a fact verified by city clerk's assistant Wendy Zimmerman, who filed away the unused speaker cards.

Henry admitted she was concerned that many of those who came Monday to speak out about the peddling ordinance might not be able to return for the May 14 meeting, which will be held at 6:30 p.m. at City Hall, 2929 Tapo Canyon Road.

"I hope the customers who have been supporting the vendors will show up on the 14th," Henry said. "So far we've had overwhelming support."

After the meeting, Sojka explained the council's decision to put the issue off a week, adding that the city attorney had indicated he would be permitted to take part in next week's discussion of the ordinance.

"When we didn't get a straightforward, yes or no answer from the city attorney, that's when I thought it best to err on the side of caution," Sojka said. "I just feel bad for the people who wasted time getting down there to get involved in the community and the public process. I hope I see them again Monday."

Stephen Lane was out of the state on business and could not be reached for comment.