A rewrite of a sentence said to be misleading in the rebuttal argument against Oceanside’s Measure R on the Nov. 3 ballot has been approved by a San Diego Superior Court judge.
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Oceanside resident Joey Aszterbaum challenged the use of the word “requires” in the rebuttal, which said the approval of the measure would require the city to use project labor agreements for all city construction projects.
The measure permits the agreements, but does not require them, Aszterbaum said in his petition for a writ of mandate. The writer of the rebuttal, Sandra Jean LeVee, changed the word to “allows” in an agreement approved Wednesday by Superior Court Judge Mark T. Cumba.
The Oceanside City Council placed the measure on the ballot. If approved by voters, it would amend the city charter to better conform with state law on using “fair wage” contractors, generally unions, for large infrastructure projects.
Conforming with state law will allow Oceanside to continue receiving state grant money for infrastructure projects, such as bridge and road repairs, city officials said.
“Voters should have accurate information about how Measure R keeps Oceanside from losing critical state infrastructure funds – and I’m glad the defendant agreed to set the record straight,” Aszterbaum said in an email after the court hearing.
“Now, voters can focus on what Measure R actually does: protect Oceanside’s fair share of state funding and protect fair wages for local Oceanside workers,” he said.
The change has no effect on the measure itself, said Oceanside City Attorney Steve Burke.
“This issued related only to the substance of the rebuttal argument submitted by (LeVee) for inclusion in the printed ballot materials,” Burke said.
The hearing was expedited to be held Wednesday because Friday was the deadline to submit ballot arguments and other voter information for printing for the Nov. 3 election.
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Aszterbaum’s petition was supported by the Yes on R Campaign, which has been endorsed by Rep. Mike Levin, D-San Juan Capistrano, the Middle Class Taxpayers Association, San Diego Building Trades Unions, San Diego Labor Council, Union Veterans Council, Oceanside Mayor Esther Sanchez, Oceanside Councilmembers Eric Joyce and Jimmy Figueroa, and the San Diego County Democratic Party.
LeVee, in her argument against Measure R, states that the city can get state funding without Measure R, that it will increase the city’s labor costs by 15% to 30%, and that it is unfair to local independent contractors.
Oceanside voters will decide two local ballot measures in November. The other one is Measure S, a temporary half-cent sales tax increase that would boost the city’s current rate of 8.25% to 8.75%, equal to the rates in eight other cities in San Diego County. No city in the county is higher.
Also, voters countywide will decide a half-cent sales tax measure in November. If both city and county tax measures are approved, Oceanside would see its total sales tax climb to 9.25%.
The San Diego County Taxpayers Association has endorsed the Oceanside measure but not the county one.
Oceanside city officials say the increase is needed to help pay for critical projects such as replacing the century-old concrete bridge that provides access to the municipal pier, also a new police station and fire station.
An independent survey conducted for the city showed roughtly 55% of Oceanside voters would support the tax hike, which needs 50% plus one vote to pass.
A 10-year extension of the city’s Measure X half-cent sales tax was approved by 69.67% of the voters in 2024.
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