Right-to-Vote advocates should be wary of council

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 “citizen’s 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 “Blight?” signs in the Old Town 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 former council candidate Ed Rakochy, who questioned the removal of these signs, while other signs remained.

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.

A FINAL NOTE--Developers of the 41 Presidential Walk homes south of the post office have installed a fence along the project’s southern border, cutting off access to a mini-park that was supposed to be available for public use.

According to a City Council resolution adopted in 2003, fencing was not to be placed between the project and the adjacent horse trail on the north edge of the Nixon Library.

Access to the mini-park from the horse trail needs to be provided and plainly marked, since it is a significant component of the pedestrian-friendly Town Center Master Plan.

Hortons take lead in low-density drive

Anyone who believes the old canard “You can’t fight City Hall” doesn’t know Jim and Jan Horton, two leaders in this city’s grass-roots “responsible redevelopment” movement.

The mild-mannered but persistent pair has already achieved some success in helping scale down density proposals for the Town Center project. Now they’re asking Yorba Lindans to support the Right to Vote citizen initiative in an upcoming special election.

The initiative is similar to one Newport Beach voters approved in 2000. It would require a public vote on major land use decisions throughout the city, not just the Old Town area.

Of course, the Hortons face a tough fight. City Hall is populated with politicians whose election-year campaign accounts bulge with thousands of dollars donated by developers and other out-of-town individuals and businesses associated with the building industry.

And the same professional political consultant who helped elect all five sitting City Council members now works as an advisor to Old Town developer Michael Dieden.

But the Hortons believe Yorba Linda should “retain the qualities that initially attracted us all to this town: low density, less traffic congestion and a safe place to raise our families.”

Despite their full-time careers--Jim manages a 55-year-old family business and Jan is an occupational therapist--they speak at most City Council and Redevelopment Agency meetings. Jim maintains the informative www.ylforum.org Web site, and both helped organize the effective Yorba Linda Residents for Responsible Redevelopment.

The Hortons began questioning Old Town area density numbers when they returned from their March 2004 honeymoon and asked a city official about plans for the 4.7-acre former strawberry field on Lakeview Avenue, just west of their Cedar Avenue home.

Assistant City Manager David Gruchow e-mailed them back the next day, noting the city’s Redevelopment Agency bought the land “for an affordable housing project” and the Town Center Master Plan envisioned “about 125 rental family units on this site.”

Now, after months of meetings and comments from dozens of low-density advocates, developer Dieden’s new plan is to build 13 single-family and 40 to 50 market-rate multi-family homes at the location, a revision Dieden said resulted from “neighborhood input.”

Naturally, the Hortons credit others, saying, “The changes are the result of the actions and voices of many people, including some who have been faithfully expressing their concerns for years.” That’s certainly true, but residents owe special thanks to the Hortons for their leadership in the endless fight to preserve Yorba Linda’s low-density heritage.

A FINAL NOTE--Former five-time Mayor Hank Wedaa called to say he appreciated a recent column spotlighting Councilman Mike Duvall’s state Assembly campaign. Wedaa said, “It’ll be refreshing to have an honest man in the California legislature.”

Wedaa, a low-density leader during his record 28 years on the City Council, also said he expects the Right to Vote initiative to carry, despite “lots of opposition.” He thinks developers “will spend big to defeat it, because the idea might spread to other cities.”

And Fairmont Hill Community Assn. resident Sharlene Dunn e-mailed, “I’ve lived in this area since 1966, raised four children and have watched our gracious living turn to greed on the part of developers and unconcern on the part of a non-responsive City Council.”

Ballot booths could be crowded with election options

Yorba Lindans face a busy campaign season during the next year and a half, with residents casting ballots on important local issues in as many as six elections.

Here’s a rundown of actual and potential ballots for the rest of this year and next year:

--The November special election includes a vote on Prop. 77, designed to eliminate the weirdly shaped legislative districts politicians draw up to preserve their political status.

Yorba Linda’s state Assembly, state Senate and Congressional districts could become more compact and competitive if the measure passes. The city might be reunited into one Assembly district, instead of the current arbitrary division into the 60^th and 72^nd districts.

--Another special election, possibly in January, will decide the fate of a local initiative giving Yorba Linda residents the right to vote on major land use decisions within the city.

Sadly, the initiative campaign already has taken a nasty turn, with council members and initiative supporters trading accusations about the truthfulness of each other’s statements.

And in a bizarre incident at the last council meeting, Mayor Keri Wilson deftly redirected the comments of one speaker, whose mean-spirited mimicking of a council member’s speech patterns set a new low for unwarranted personal attacks.

--A third special election might occur if the council approves a high-density Town Center zoning ordinance later this year. Low-density advocates say they’re ready to gather enough signatures to force a referendum vote on the unwanted measure.

--The June 2006 primary election will determine if Mike Duvall becomes the first council member to win higher political office. A GOP primary win in his state Assembly race would virtually guarantee him a November victory in the safely Republican district.

--The November 2006 general election will fill the council seats held by Ken Ryan, who will be completing his second term, and Keri Wilson, who will have finished a first term.

--A special election is possible if Duvall wins his Assembly contest. The council could call for a special ballot or, more probably, appoint someone to serve out his council term.

Residents could overturn an appointment by again gathering enough signatures to force an election. But if Duvall wins the primary, he could resign in time for his post to be put on the November ballot, along with the council positions now held by Ryan and Wilson.

A FINAL NOTE--Developer Michael Dieden has hired veteran political consultant Dennis DeSnoo to work on the Town Center project. DeSnoo told me he doesn’t give interviews and warned me he acts aggressively to keep his name out of the newspapers.

DeSnoo’s firms have worked on the campaigns of all five sitting City Council members, collecting more than $90,000 in fees and expenses. He aided Ken Ryan and Jim Winder in 2000, Ryan and Keri Wilson in 2002 and Allen Castellano and Mike Duvall in 2004.

The informative www.ylforum.org Web site first noted the tie-in, but Webmaster Jim Horton told me he decided to delete DeSnoo’s name when “politely asked” by DeSnoo.