October 17, 2006

"Judge extends Shorecliffs ban while looking at petition issue

"A court order barring second-story construction in the Shorecliffs neighborhood of San Clemente was extended Monday by Orange County Superior Court Judge Geoffrey T. Glass.

Glass said it appeared that those circulating a referendum to nullify the city's construction ban in the 505-home community may not have been eligible San Clemente voters, a possible violation of state election law.

The controversy arose several years ago as a neighborhood dispute over protecting ocean views but has escalated into an issue that has divided the community.

Bradley W. Hertz, a lawyer for the second-story proponents, said "educators" from outside the city convinced many San Clemente residents to sign the referendum and then had some of those city residents who signed the petitions also sign as the solicitors. He said the practice was routine and accepted throughout the state.

Each page of the petition has room for 12 signers, and on the back it must be signed by the person who solicited the signers, the judge said.

"The law says that the person soliciting the signatures must be eligible to vote in the district that the referendum is for. Why have those rules if it doesn't matter?" Glass said.

Amy E. Morgan, a lawyer for single-story advocates, said the practice of using paid signature collectors who are not city residents and then having petition signers also sign as solicitors is an attempt to circumvent the law.

San Clemente City Attorney Jeffrey Oderman told the court that there were 3,948 valid signatures on the referendum petition, but that several hundred were in dispute if the court rules that the solicitors acted improperly. The referendum needed 3,727 signatures."

The story is here.

Posted by Randy Riddle at October 17, 2006 08:28 AM