Judge Rules Metro Pointe Project Does Not Need to Be OKd by Voters

The question of whether the Arnel Development Co. should be able to build the massive Metro Pointe office complex in north Costa Mesa does not have to be put to the city’s voters, a judge ruled Friday.

Superior Court Judge Gary L. Taylor granted a request by the Costa Mesa-based company and the city to declare invalid a proposed November ballot referendum on the project. The referendum had been supported by two citizens groups.

After a brief hearing in Santa Ana, Taylor said his ruling was based on a lack of opposition and not the merits of the case. Referendum supporters said they could not afford legal representation.

The ruling pleased Costa Mesa Mayor Donn Hall, who said it was “fantastic.”

Groups Disappointed

But representatives of the two citizens groups who want less commercial development in the city were disappointed, as was Councilman Dave Wheeler, who supported the referendum.

“I don’t think it was as clear cut as (Arnel and the city) argued,” said Wheeler.

J. Scott Williams, a member of Costa Mesa Residents for Responsible Growth, said he was not really surprised by the ruling.

“I’m just disappointed that we didn’t have the financial ability to proceed so that we could give the people who signed the petitions a chance to vote on the matter,” he said.

Issue Required Money

Wheeler said it is “unfortunate that it takes tens of thousands of dollars to defend the people’s right to vote on development issues.

“Without the money to hire attorneys, citizens don’t have much of a chance.”

Costa Mesa Residents for Responsible Growth earlier this year collected 5,630 signatures of Costa Mesa residents who supported the referendum proposal. They needed 4,170 valid signatures to qualify for the ballot and the approval of the city of Costa Mesa.

But Thomas Wood, Costa Mesa’s city attorney, agreed with Arnel that the matter was not the proper subject of a referendum.

The city and Arnel argued that the city’s approval of the project in February was an administrative action and not a policy decision that would have been subject to review by voters.

But Williams argued that since sufficient signatures were collected to qualify the referendum for the November ballot, the city should have provided the estimated $42,500 needed to fight Arnel on preliminary matters--such as Friday’s court hearing--through to a trial later.

Williams said the city also hurt the citizens’ effort by “withholding” a $63,000 judgment that was awarded as a result of a court order in an unrelated case, pending an appeal on the amount of the award. The money could have been used to fight Arnel, he said.

The company now has the go-ahead to build three office towers, ranging from four to 12 stories, on 12 acres bordered by South Coast Drive, Bear Street and the San Diego Freeway.

It has already built two two-story office buildings nearby, and an apartment complex.

Taylor said Costa Mesa Residents for Responsible Growth would continue to fight C.J. Segerstrom & Sons’ proposed $400-million Home Ranch project in Costa Mesa. The group is collecting petition signatures for a November referendum on Home Ranch.