Agoura Hills Must Change Voter Guide

Ruling that the statute “does no such thing,” a judge on Thursday ordered Agoura Hills officials to delete voter guide language that says a state law invalidates a city measure that would limit the size of new retail stores.

Superior Court Judge David P. Yaffe issued the order just as the city was about to print the roughly 8,000 guides and sample ballots for the March 5 election. The pamphlets will be rewritten.

The disputed language was in the city’s analysis of Measure H, designed to block the construction of a 200,000-square-foot Home Depot. The City Council supports the building project.

City officials did not return phone calls about Yaffe’s order.

A representative for the Citizens for Responsible growth, which asked for the order, said the city tried to mislead voters with the guide.

“It was a baloney statement that we knew was a lie,” said Al Abrams, who heads the group. “It should be humiliating for a city council to be caught by a superior court judge with their hands in the cookie jar.”

The group also disputed claims in the guide that Measure H would prevent a Sport Chalet or Circuit City from opening in Agoura Hills. The judge left that wording alone, saying voters could make their own decision about the claims.

Measure H would limit stores to 60,000 square feet. The state law cited in the guide allows developers to seek variances to city zoning restrictions. Yaffe ruled that Measure H would not preclude variances.