City most likely must rewrite ballot argument

Unless a judge agrees to its unprecedented writ of appeal, the city

will be forced to rewrite most of the argument in favor of a

city-sponsored March ballot measure that would have the AES power plant

in Huntington Beach pay a 5% utility tax.

A judge last week sided with Ed Blackford, president of the AES and

ordered the city of Huntington Beach to rewrite most of the ballot

measure.

An Orange County Superior Court Judge ruled that several statements in

the ballot measure were untrue or irrelevant, including statements that

the plant is “ugly, pollutes our air and oceans” and that the plant does

not currently pay the same utility taxes as other businesses in the city.

“He basically singled out most of the points on language that was

false or misleading,” Blackford said.

The ruling is in response to a lawsuit filed by Blackford against the

city alleging that the March ballot measure is based on inaccurate

information, is misleading and contains slanderous and libelous attacks

on the company.

In a swift response to the ruling the City Council approved sending a

writ of appeal to the court seeking a review on an emergency basis, said

Mayor Debbie Cook.

“It was one of the only options we have,” she said. “The other option

is afterward we could appeal, but the vote would be over so it would be a

moot point.”

Cook said she was both surprised and upset by the decision.

“I don’t think this is what anyone wants -- a court getting involved

in the political process,” she said. “That’s is what a ballot argument is

-- let each side have a shot and may the best man win.”

The problem that now faces the city is the new measure must be

submitted by a Dec. 21 filing date and a 10-day public hearing period is

required.