Jackson residents opposed to what they've criticized as pro-development interests on the city council suffered a setback in their bid to place one of these policies on the November ballot.
Amador Superior Court Judge Susan Harlan ruled on Friday that the signatures gathered on petitions had been gathered improperly. The petitions were seeking a referendum against the Jackson City Council's approval of the final environmental impact report for the land use, circulation and development code elements of the city's general plan update, which acts as a decades-spanning road map to future growth. This decision eliminates the referendum from the November election ballot. Judge Harlan based her ruling on the petitioners' failure to comply with Section 9238 of the California Elections Code. The ruling states, "In order for potential signers to be informed of the true nature of the petition, the actual EIR should have been attached ... failure to attach said document does not substantially comply with §9238. Therefore, the Referendum is invalid."
Although the court decision accomplished the city's purpose of removing the referendum from the ballot, it failed to rule on the knottier question of whether the city council's action can properly be challenged by referendum.
"She didn't really deal with the question of whether this was a valid matter for the referendum process," said City Manager Mike Daly. Asked about possible further action on this matter, Daly said, "I suppose it's appealable."
But at least one of the architects of the referendum measure discounted that idea.
"I don't believe we have standing in the case, so I don't think we will be filing an appeal," said Jackson resident Judy Jebian, one of the six parties named to the suit. Jebian, a member of the Concerned Citizens of Jackson, recently announced her candidacy for a seat on the Jackson City Council in this fall's election.
The official respondent in the case was County Clerk-Recorder Sheldon Johnson, whose office was sandwiched between the opposing forces. A call to Johnson's office produced a referral to the county counsel's office.
"Our only concern was over the timely resolution of the issue," said Deputy County Counsel Greg Gillott, "so it wouldn't have an impact on the election. We really didn't have an opinion on the underlying issue."
The city of Jackson's official press release announced, "The city council will be reviewing a schedule for adoption of two General Plan Elements and the Development Code at its meeting this coming Monday night."
| Jerry Budrick |