Right-to-Vote advocates should be wary of council
Jim Drummond - Political Perspectives
Yorba Linda Star - September 29, 2005 - Viewpoints
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Yorba Linda’s low-density advocates
are rightly wary of City Council actions involving the Right-to-Vote
initiative petition and its 6,065 verified signatures. The
initiative would require a public vote on major changes to
the city’s general plan and zoning ordinances.
Council members voted to place the
initiative on a future ballot, but they also directed the city
attorney to seek “declaratory relief” from
a court regarding the validity of the initiative.
Despite assurances from council members
about the integrity of the process and the citizens’ right
to vote, initiative proponents fear the city is looking for
a legal reason to remove the measure from the ballot or invalidate
the ordinance if it wins voter approval.
An attorney hired by the city advised
that the initiative petition could not be certified because
circulators didn’t attach affected portions of the city’s
general plan.
But, in a Catch-22-type statement,
the lawyer noted, “…they could not have done so,
because it is impossible to predict whether or how the general
plan will be amended between the time the petition is circulated
and the effective date of the measure….”
Wisely, council members followed sound
advice from the city attorney: “Courts will not strike
down initiatives lightly” and “petitioners are
often given the benefit of the doubt.”
Petitioners say they expect the city
to delay the election as long as possible in order to enact
revised Town Center zoning regulations before voters can
cast their ballots.
But if the council permits high-density
development or building heights greater than 35 feet, opponents
are ready to gather enough signatures to force another special
election.
Of course, election-time activity always
results in a certain amount of silliness over the posting
of political signs.
Last month, an unknown individual placed
some signs reading “Blight?” in the Old Towne area
that violated various provisions of the city’s strict
sign ordinance.
City Manager Tamara Gates sent me a
copy of her e-mail to resident Ed Rakochy, who questioned
the quick removal of these signs, while other signs were allowed
to remain.
Gates wrote: “I received a complaint
on Saturday morning … regarding improperly placed
signs on the city’s property at the corner of Yorba
Linda Boulevard and Imperial Highway. I called Brea Police
Department dispatch and asked them if they could have any
signs removed that were in violation of the municipal code.”
When Rakochy e-mailed further questions
about selective enforcement of the sign ordinance, Gates referred
him to Brea police. She didn’t respond to my e-mail
reply asking how the general public could contact her on
weekends with sign complaints.
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