Pitfalls await City Council candidates

A couple of pitfalls await individuals who plan to compete in an already aggressive campaign for majority control of Yorba Linda's City Council, whether for a general election in November or a potential recall ballot that could come this summer or early fall.

Frequently in this city's 47-year history, contentious issues, such as density and development, have drawn large fields of candidates for council positions, and the prospect of two governing body elections in a single year has the political pot boiling with an acrimonious intensity.

A four-week sign-up period for the Nov. 4 election for seats now held by John Anderson and Tom Lindsey doesn't begin until July 14, but a recall vote on Lindsey and Craig Young could come before November, if petitioners gather 8,100 signatures from 40,498 registered voters by May 14.

But snares in the form of election laws designed to create a transparent and fair playing field can entrap even experienced candidates, as opponents try to catch adversaries for occasional innocent infractions of sometimes complex state and local campaign rules.

Gene Hernandez, who was elected in 2012 and in 2013 raised $11,399 for his 2016 re-election run, returned $1,639 in donations from eight individuals and businesses in October, December and January, after what his treasurer called an “internal review.”

State law requires candidates to report campaign fundraising activity twice each year, and a Yorba Linda ordinance prohibits candidates from taking contributions from individuals or businesses with city contracts.

The local law also places restrictions on the timing of donations of $250 or more to council members who've participated in a decision involving the contributor, but sadly can't bar “independent expenditures” for candidates.

So, while candidates aren't allowed to accept money from city contractors or their labor associations, these groups can independently spend cash supporting a candidate, as the Sheriff's deputy union did with $78,839 for Ken Peterson, Nancy Rikel and Mark Schwing in 2012.

The five-page ethics ordinance, 2010-940, should be reviewed carefully by potential candidates and their supporters, and they should also check the city's guidelines for temporary signs outlined in the zoning code to avert a more common pitfall.

Although less serious than a money mistake, the display of so many signs touting the same candidates and causes irks many residents who view numerous repeat placards as a blight.

Restrictions on temporary political signs are allowed because such signs don't meet the structural standards of permanent signage and so pose a potential hazard to public and property.

The most common violations are signs posted in roadway medians and within 15 feet of intersections, driveways and fire hydrants, along with rules on size and identifying the owner.

Already, an illegally posted sign advocating the recall of Lindsey and Young was removed from the Yorba Linda Boulevard median in front of the Nixon library after a few days.