Judge rules to eliminate ‘misleading’ language in ballot argument

An Orange County Superior Court judge has struck down much of the language within a ballot argument against a proposed Costa Mesa growth-control initiative after a resident claimed the argument’s wording was misleading and inaccurate.

Eleanor Egan, a former planning commissioner, had asked the court in July to throw out all or part of the rebuttal challenging Costa Mesa First’s initiative, saying it was riddled with errors that would confuse or deceive voters on Nov. 8.

During a court hearing Wednesday, Judge Kim Dunning completely removed 14 of the rebuttal’s 21 contentions, which were written by opponents including Mayor Pro Jim Righeimer, council candidate Lee Ramos and Chris Bunyan, who unsuccessfully ran for council in 2014.

Dunning wrote that there was “clear and convincing evidence” that some of the opponents’ statements “were false or misleading, or both.”

Among the eliminated sections are:

• “Likely unconstitutional — you pay for lawyers to get rich”

• “Projects as small as new drive thru Starbucks will require a citywide vote”

• “Forget new restaurants anywhere in town — they will require a citywide vote”

• “The seediest part of town along Newport Blvd. can’t be improved under Measure [Y], keeping the motels specializing in pimps, prostitutes and perverts in business”

Costa Mesa First’s initiative, dubbed Measure Y on the ballot, would require voter approval of some larger development projects in the city, namely those that require a general plan amendment or zoning change and would also add 40 or more additional dwelling units or 10,000 or more additional square feet of commercial space on top of what already exists.

Egan said she was “really delighted” by the judge’s decision.

“I don’t like to see falsehoods in a ballot pamphlet that are going to mislead voters,” she said.

Dunning did permit the argument’s language that deals with traffic, including wording that Measure Y “makes traffic worse” and that residents should “keep Costa Mesa moving forward” by rejecting it.

Also left in the rebuttal was the contention that Measure Y is “overly restrictive,” that its authors “want to set us back to the days of Goat Hill” — an early nickname for the Costa Mesa area — and that the measure “is crazy!”

Righeimer said he doesn’t plan to contest the judge’s decision.

“I absolutely agree with what the judge left in, that Measure Y is going to cause us traffic problems in the city of Costa Mesa,” he said Thursday.

Costa Mesa residents Julie Fowler and Chuck Perry also contributed to the rebuttal.

Costa Mesa First’s measure will compete against another sponsored by the city that would essentially maintain its existing zoning and land-use standards, including the recently approved update to the general plan.

It also would create a fee applying to new development north of the 405 Freeway and west of Fairview Road, with those funds being used to improve recreational, open space and public park facilities.

Should both measures pass, the one that receives the most votes would become law.

--

Luke Money, lucas.money@latimes.com

Twitter: @LukeMMoney