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Costa Mesa Asks Probe of Builder, Council Member

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Times Staff Writer

Costa Mesa officials Tuesday asked the Orange County district attorney to investigate accusations by Councilman W. David Wheeler that a developer tried to prevent him from voting against an apartment project and countercharges that Wheeler solicited a bribe.

“We felt that the matter was serious enough and there were enough questions as to the facts of the matter that it did merit submission to the district attorney to determine what has happened,” Costa Mesa City Manager Allan Roeder said Tuesday. “Our sole intent is to get to the facts . . . whatever they may be.”

The issue arose when Wheeler, 30, was handed a letter at last week’s City Council meeting from an attorney representing developer John Lattanzio. The attorney, Anita Pieratt, suggested that Wheeler abstain from voting that night on the developer’s proposed 32-unit housing project because of a “conflict of interest.”

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The letter accused Wheeler of recently telling Lattanzio: “Why should I do anything to help you? I haven’t received any campaign contributions from you.”

The letter continued: “I feel if there is some reasonable explanation for your statement or some misunderstanding on our part, it would be best to have this matter resolved in private rather than at a public council meeting.”

An irate Wheeler on Tuesday said the “allegations are nonsense. I waited about three seconds and then turned the letter over to the city attorney and asked for a full investigation. They were trying to knock out my opposition (to the project). It’s against the law to try and intimidate a public official.”

Wheeler had voted against the housing project last month.

Neither Lattanzio nor his attorney could be reached for comment Tuesday.

The letter alleges that Wheeler made the statement about campaign contributions in the presence of real estate broker Bob Burtner and Lattanzio outside a city Planning Commission meeting in October.

Wheeler, whose version of that night’s conversation differs with Lattanzio’s, said Lattanzio and Burtner cordially approached him to talk about their proposal for 543 Victoria St.

After talking about some of the details of the project, Wheeler recalled saying: “You don’t have a snowball’s chance to get this thing passed. I said, ‘You have to understand we are trying to prevent density, which is causing problems all over town.’ ”

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In response to the allegations of bribery, Wheeler said: “We were in public and I’m talking to people I’ve never seen before. I allegedly solicit a bribe for my reelection campaign when I’m not up for reelection for three years, and knowing that if I took a bribe from a developer, I would lose my entire base of support. It boggles the mind.

“Maybe they heard what they wanted to hear.”

The developers have appealed the council’s Nov. 4 vote against the project. The appeal is scheduled to be heard Monday.

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