IRVINE : Overpass Expansion Supporters Sue City

Supporters of a proposed expansion of two pedestrian overpasses on Yale Avenue have sued Irvine city officials, challenging the wording of two ballot measures regarding the bridges and the city attorney’s analysis of the issue.

The two suits filed Friday in Orange County Superior Court in Santa Ana name, among others, the City Council, the city clerk and some residents who contributed statements for publication on the ballot. A hearing on the matter is set for April 5.

The two ballot measures ask voters to decide whether they want to expand the bridges to allow vehicles over the Atchison, Topeka & Santa Fe railroad tracks and the San Diego Freeway or whether the bridges should remain limited to pedestrian traffic.

The measures are “full of flaws and misleading statements,” said Darryl Wold, an attorney for some members of a citizens group favoring expansion, Yale Action. The group takes issue with the city’s use of the word “initiative” regarding one of the measures, saying it sounds as if the measure, written by the City Council, was prompted by a petition drive. In fact, it is the other ballot measure that was the result of petitions by Yale Action, the group is arguing. The group also is disputing wording in the pro and con arguments.

But Irvine Mayor Larry Agran said taking the matter to court is insulting to the voters of Irvine, implying that voters are unable to sort through the emotional political rhetoric attached to the issue.

“Shoving it over to some judge is really contrary to what our local democracy and local election ought to be all about,” Agran said.

Wold said the group is also challenging the city’s decision to include a potential cost estimate with the ballot argument. Wold argues that the ballot measure makes no provision for the expenditure of funds and that the money would come from developer fees, not general funds.

“It doesn’t appropriate any money to build anything,” Wold said.

But Agran said it would be unfair not to cite the cost of such a measure, saying developers would not, in fact, bear the cost.

“It looks to me like taxpayers are going to be taking it right in the pocketbook,” Agran said.