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Anti-Measure I flier causes flap

February 24, 2000

Eron Ben-Yehuda

HUNTINGTON BEACH -- City Councilman Ralph Bauer acted inappropriately by

inserting an unauthorized pro-Wal-Mart flier in a city-funded

publication, an official said.

The flier was distributed as part of this month's newsletter for Emerald

Cove, a low-income, city-owned housing project serving about 200 seniors,

said Ron Hagan, the city's director of community services.

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The publication, which advertises such upcoming events for seniors as

aquarium trips and train rides, is not supposed to be a "political

forum," he said.

But Bauer didn't check with city officials who review the newsletter's

content, he said.

"Unfortunately, he never went through any kind of approval process,"

Hagan said.

The 200 copies of the newsletter and flier were paid for with city funds,

officials said.

In The flier, a letter from Bauer encouraged seniors to vote against

Measure I, a March 7 ballot initiative that asks residents to rezone the

commercial property on Talbert Avenue by Beach Boulevard, where Wal-Mart

wants to build. Changing the zoning could scuttle the project.

The flier gave residents the wrong impression, Hagan said.

"It appears that the city is endorsing what the flier [says], and we're

not," he said.

But Bauer defends his action, saying the city already has taken an

official position on the measure by voting 4-3 in April to approve the

plans for a 150,000-square-foot megastore.

"Since a majority of the City Council favors the project, I see nothing

wrong with that," he said.

Although Bauer identified himself as a City Council member, the flier

does not mention that he is also co-chair of Save Our Schools/Save Our

City, a committee formed to support Wal-Mart. The committee's name and

address do appear on the flier. The failure to mention his committee

position doesn't make a difference, he said.

"I don't think that's germane," he said.

Wal-Mart detractors say he is giving his group an "unfair advantage."

"[He's] abusing his position as a council member," Barbara Boscovich

said.

Her side will get a chance to insert its own flier in next month's

newsletter as a way to make amends, Hagan said.

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