City sues to change Measure U ballot argument

<p>The city of Petaluma is suing proponents of a sewer-rate rollback measure set for the Nov. 2 election, saying their ballot arguments are false and misleading.</p><!-- Nothing to do. The paragraph has already been output --><p>City attorneys will argue their case before a Superior Court judge on Monday afternoon, seeking to force either the proponents or the Sonoma County Registrar of Voters to amend or delete ballot wording the city claims is objectionable.</p><p>Timing is crucial: the registrar is due to send about 30,500 Petaluma ballots to the printer on Sept. 3.</p><p>The city contends that the statistics, rate increase figures and other financial references made in the ballot argument in support of Measure U are erroneous and deceptive. The measure asks voters to roll back sewer rates to 2006 levels, which city leaders said could potentially bankrupt the city.</p><p>“We should have accurate information before the voters on this very important question,” said City Attorney Eric Danly.</p><p>Through its former city manager Mike Bierman, the city is suing former councilman Bryant Moynihan, who has for years fought what he says is improper spending by the city, particularly related to a high-tech, $160 million wastewater treatment plant that went online last year.</p><p>State election law requires a citizen, not a political body or municipality, lead such a challenge. The city is funding the suit from its wastewater budget. The suit also names the county registrar, whom the judge could order to change or delete any language deemed false.</p><p>Moynihan on Friday called the city's move a “frivolous lawsuit.”</p><p> “Why are they wasting our money?” he said. “It's really kind of offensive to me because they are taking ratepayers' money to sue a ratepayer.”</p><p>Moynihan and his group, Petalumans For Fair Utility Rates, gathered enough signatures to force a referendum on a rate reduction. The group argues that the city improperly raised rates, used ratepayers' money to fund unrelated city services and failed to control overall spending.</p><p>In his ballot argument, Moynihan said the city raised sewer rates an average of 20 percent annually over the past five years, allowed the costs of the plant to grow from $34 million to $160 million and that the city is planning to borrow another $50 million to fund other “unnecessary projects,” including a wastewater reuse pipeline.</p><p>In its petition seeking an order to force the language change, city attorneys argue the rate increases averaged 14.3 percent a year, that the $34 million bid was for a lesser project and that the intended loan is closer to $27 million, $10 million of which is earmarked for wastewater projects.</p><p>The city said the multiple rate increases over the past five years were necessary to design, construct and fund operation of the plant, which went into service last year to replace what it described as an outdated, inadequate facility.</p><p>If the measure passes, city leaders have said it could force the city into bankruptcy, leaving it unable to pay its debt on the plant.</p><p>Two years ago, Moynihan brought another measure before voters, Measure K, which asked voters to roll back both water and sewer rates to 2006 levels. It failed by a 55 to 45 percent margin.</p>