Does Encinitas Proposition A Comply with California Election Code?

by Bill Weedman

I am confused by Proposition A, the Community Character and Voters’ Rights Initiative.

In an effort to better understand why other initiatives included text showing what was being proposed for repeal or amendment but Proposition A did not include the text of the sections of the Encinitas General Plan and Encinitas Municipal Code being proposed for repeal or amendment, I researched the California initiative process, including reviewing various court decisions relative to section 9201 of the California Election Code . . . 

If  Proposition A becomes effective, city staff will have to implement the measure in accordance with section 9.1 of Proposition A which states:

Once this initiative measure becomes effective, its provisions shall prevail over and supersede all provisions of the municipal code, ordinances, resolutions, and administrative policies of the City of Encinitas which are in conflict with any provisions of this measure.

Absent the standard strike-out and underline language that would show the public and city staff those provisions that the drafter(s) of Proposition A deem to be in conflict with the proposition, staff has no guidance as to how to implement section 9.1. I also read in my research that only legislative acts and not administrative acts may be repealed or amended via an initiative, thus any administrative policies noted in section 9.1, shown above, may not be subject to the initiative.

Read more . . .

May 2013 - DEMA Supports the City Council in Their Unanimous Opposition to Prop A

The Board of Directors of the Downtown Encinitas Mainstreet Association (DEMA) has voted to support the City Council in their opposition to Prop A ( the Right to Vote initiative .  PROP A will be the only item on the ballot in a special election on June 18th, 2013.  PROP A states “Once this initiative measure becomes effective, its provisions shall prevail over and supersede all provisions of the Municipal code, ordinances, resolutions, and administrative policies of the City of Encinitas which are in conflict with any of the provisions of this measure”.  The Downtown Encinitas Specific Plan (DESP) of the City of Encinitas contains a number of amendments that are in conflict with the provision of  PROP A.

Based on DEMA’s review of PROP A if it is passed by a majority vote in the election it will be extremely devastating to the DESP and to Downtown Encinitas’s property owners, businesses and residents. The DESP is the rudder that has steered Downtown Encinitas, since February 9th, 1994, into the thriving and dynamic neighborhood that is enjoyed by everyone. Many of the key elements in the DESP will be removed by the approval of PROP A and will only be able to be reinstated by the approval of the Planning Commission, City Council, California Coastal Commission and a vote of the people. The Board of Directors of DEMA is concerned that during the uncertainty of this many year process, and the potential for legal challenges to PROP A, property values and real estate transactions will suffer and improvement loans and insurance policies will be extremely difficult to obtain as there will be no clear indication of the development rights to property in the DESP area. Outlined below are a few of the key elements of the DESP that will be negatively impacted if PROP A is approved by the voters.  Read more . . .

2013 ENCINITAS CLASSIC CAR NIGHTS

May 16, June 20, July 18, August 15 & September 19

Presented by: 

The streets of Downtown Encinitas will be rockin’ and rollin’ when Encinitas Classic Car Nights comes to Downtown Encinitas May through September.

The third Thursday of each summer month from 5:30 to 7:30 pm, hot rods, Woodies and other classic and vintage cars will line S. Coast Highway 101 from D Street to J Street. These beauties will be parked in dedicated lots, along the Hwy 101 and on side streets.

This year’s series will have numerous dedicated lots for car clubs! We will have live music at two venues:  SMOG Test Only and The Lumberyard Courtyard.

Read more . . .

May 2013 - The Leucadia-Encinitas Town Council Will Hold a Community Interest Information Forum

The Leucadia-Encinitas Town Council is sponsoring a Community Interest Information Forum covering two subjects of current interest to the citizens of Encinitas.

*Councilman Tony Kranz will discuss North County Transit District issues along the Encinitas Rail Road corridor and * both pro and con arguments on Proposition ‘A’, knows as The Right To Vote Initiative, will be heard.  Both presentation will allow questions from the audience.

The Forum is being held on Thursday, May 16, in the Community Room at the Encinitas Library, 540 Cornish Drive, Encinitas, CA, 92024, from 6:3pm to 8:30pm.

The Forums will follow the annual Leucadia-Encinitas Town Council business meeting which will begin at 6pm.  For further information, check out our website at leucadiatowncouncil.org.

May 2013 - City of Encinitas, Encinitas 101 Association & S.D.G.&E.   Arbor Day Planting Event in Downtown Encinitas

In celebration of the City of Encinitas’  Second Year as a “Tree City USA” and in collaboration with Encinitas 101 Association and San Diego Gas and Electric an Arbor DayCelebration on May 25, 2013 will include planting trees on the 800 block of Second Street in downtown Encinitas with our local business and homeowners.

 This year’s event will include planting a variety of outstanding trees selected for this area.   Business owners, homeowners and local residents will benefit from a tree planting demonstration and various educational booths illustrating the benefits of trees.  Read More . . .

ARBOR DAY EVENT:

Date: May 25, 2013

Time:  9:30 a.m.-1:00p.m.

Planting Demonstration & Tree Planting on 2^nd Street