« Referendum | Main | You Can Fight City Hall »
November 21, 2008
Bad Policy
 |
| Image: What do you do when city leaders inact bad
policy. Action Items: Email the city council Write a letter to the editor call the Park Department and ask for directions to Oroville's disc golf course 896-7800 Volunteers have stepped forward to support creating a referendum to overturn the council's support of option "D" which removes families from Bidwell Park. I assume we'll have more volunteers as we move forward. I've also received a crash course in referendum, recall, and initiative requirements. In today's electronic age it is immensely satisfying that I can share everything I've learned with the public that reads this blog. This civics lesson may or may not benefit your life, but it will certainly inform you. Referendum: A referendum is used to prevent a resolution or ordinance from taking effect. It is a tool used to express public discontent with the actions of elected officials. A successful referendum is not an easy thing to accomplish. Signatures - A referendum must be certified in order to stop the resolution/ordinance in question. In order to be certified the petition signatures must include signatures equal to 10% of the voters registered in Chico from the last certified election. The signatures can be from people registered to vote in Chico, or people eligible to register to vote in Chico. The number of signatures required is roughly 4800 people. The recommendation is that two times that number of signatures be gathered. The signatures must be gathered by someone registered to vote in Chico, or eligible to register to vote in Chico. Time frame - A referendum has 30 days from the time the resolution is enacted to gather and deliver (serve) the signatures to the city clerk's office. So this referendum would need to be completed by December 18th (see craziness below). The clock is ticking now. Verbiage - The referendum must include the exact verbiage of the resolution it is desiring to overturn. This is a problem for us since the resolution that was created was done so on the fly by Councilors Schwab and Nickell. There is no written record of the resolution. The city clerk will not provide a written record until December 2nd. In fact nobody at the city knows exactly what the council passed on the 18th. Here's the craziness (beyond the fact that nobody knows what exactly was passed). You might ask why the referendum clock starts ticking on a resolution that nobody can provide to the public. I asked that and was told that I should take the referendum verbiage off of the online streaming video from the meeting. If the verbiage doesn't match what the city produces on December 2nd, then the signatures gathered on those petitions will be tossed. I will try to clarify this with the City Manager and City Attorney today. But it would seem to me that if the city cannot provide the resolution to me until December 2nd, then the time frame to gather signatures should start at that time. There were three other resolutions passed by the council that night, and one of those could be targeted with a referendum. I think that would be casting a wider net than necessary. But based on the time frame issue this might be the best way to ensure a petition has the correct verbiage. Special Election - If a referendum is certified the City Council can void the resolution or ordinance. Or they can move it to a special election. The former costs no money. Just to be clear, a successful referendum would not enact some option that includes disc golf at the site. Recall and Initiative - A recall effort can occur over 88 days and requires ~7200 valid signatures. Although I'm very disappointed with the council's decision and the obvious politics behind it, these are legally elected officials, and should not be targeted for recall. The initiative process requires about 7200 valid signatures, is binding, and allows 180 days to gather signatures. While the referendum can cancel the council's bad decision, and initiative could actually force the adoption of a different option that includes disc golf at the highway 32 site. Should a referendum fail, an initiative is always an alternative. |
| Council Attention: I've received an email from Andy Holcombe, and phone calls from Tom Nickell and Ann Schwab. I appreciate their efforts to reach out and find some solution to this mess. And of course disc golfers are always willing to meet with interested officials to try to find some way to save this sport. But nothing is in writing, and there is no reason to believe the next 10 years will be any different than the last 10 years. Nothing in a referendum process prevents these officials from following through with their off-the-record promises. In fact nothing prevented them from locating alternative sites years ago. One of the councilors that refused Larry Wahl's friendly amendment to allow disc golf to continue until new sites were found, stated that she supported a "transition period", but that it was lost in the heat of the moment on Tuesday. She was also unaware that the Park Department was suggesting people drive to Oroville or use the kids Sherwood Forest course to play disc golf. I would remind people that in 2002 the Chico City Council unanimously supported disc golf at Highway 32. Actions speak louder than words, and today the actions that speak loudest removed families from our park system. |
Posted by Lon at November 21, 2008 06:40 AM
Comments
Lon,
I would also remind you that no one has "removed families from our park system." How are any of us in the majority to support the development of alternatives sites if you keep poisoning the well with hyperbole, distortions, and innuendo?
You remind me of Tom Barrett in disc clothing. You are better than that.
Mark
Posted by: Mark at November 21, 2008 07:18 AM
Mark,
I respect your opinion, and recognize that in comparing me to a sitting Park Commissioner your intentions are not kind. I will try to refrain from hyperbole.
There is an emotional attachment that I have to my previously allowed park use. So while some of my comments may be hyperbole in your opinion, they are real feelings that I have for what happened on Tuesday.
I am not alone.
It may be possible for you and others to detach the impact on my life from this discussion, but I feel no need to do so. What do I have left to lose?
If you and others feel that the right thing to do is find an alternative site for disc golf, I will fully support your efforts. But does that "right thing" change due to my comments. To take the suggestions of altenrative courses seriously I would like to see more than "we'll meet about it soon".
Here are two things that I think would smooth my ruffled feathers.
1. Allow disc golf to continue at Highway 32 until the alternative courses are built. Make a written committment and pass a council resolution to do this.
2. Make a public committment to build those alternative courses within 2 years. Make a public committment and pass a council resolution to do this.
The mayor can contact me and the local newspapers and make those committments. If this is the right thing to do then do it. I'll be happy to help.
Lon
Posted by: Lon at November 21, 2008 07:50 AM
Mark
Please list these alternative disc golf sites within/near Chico city limits, and where the money will come from to pay for the required EIR. I am highly interested to hear specifically where these sites exist in the physical world.
Lon -- I enjoyed the civics lesson today. This will be a true gage of the public's acceptance of disc golf, not just a true gage of who can contribute the most campaign cash. If any one fears that then they fear the will of the people.
Jim
Posted by: Jim Mellem at November 21, 2008 07:54 AM
Mark,
I respectfully disagree with you regarding your view on families getting removed from the park. On Tuesday night, my 2 kids, my husband, and myself were told that we could no longer play in a portion of the park where we go to play disc golf on a regular basis. That is the definition of families kicked out! I am livid about this and won't stand for it. The decision was stupid and shameful. I can't believe that I ever voted for Mayor Holcomb, Ann Schwab, or Mary Flynn. I was duped into thinking they were reasonable folks. My bad...
When I called the city to ask about the time frame and where we should go to play, I was given a meandering answer that ultimatley resulted in them referring me to either the Sherwood Forest Course or the Oroville course. My family's playing level is too advanced for the Sherwood Forest course and I am not too keen on carting my kids to Oroville on a weekly basis. It's hard enough to explain why we can't go to the old course, adding the additional challenge of explaining why it's ok to waste gas and pollute the environment driving to Oroville to play is just too much for me.
Enough is enough. Count me in for the referendum drive. I'm good for at least 200 signatures. There are many of us Mom's out there that are boiling mad!
Posted by: Chico Mama at November 21, 2008 08:06 AM
Lon,
I appreciate the pain, sorrow and sense of betrayal you must feel. I do not want to discount how this unexpected decision has affected you. Vent all you wish. You are entitled. I just encourage you to do it outside the most popular blog in town.
I am sure the folks with the power to make those commitments will read what you wrote. I will lend my support to see this division healed quickly so we can return to more pressing issues, and get this blog back to what it does best: posting pictures of Jessica Alba.
Mark
Posted by: Mark at November 21, 2008 08:27 AM
It all still continues to boggle the mind...
Mark, I also don't believe Lon is implying that they have "banned" families from the park. We all know there are many alternative family activities in the park. But consider the following scenario:
Let's imagine that our family has a tradition of every saturday morning going to the Farmer's Market and then heading up to the HWY 32 courses for disc golf and a lovely picnic. My kids are young, but i still get beat by the little weasels. They love the competition and challenge of trying to get their discs to the tone poles. In fact it has really assisted in their athletic and coordination development.
Now since the council vote we are forced with a choice. We could go to Sherwood Forest, but my kids play there often and are looking for something a little more challenging and different. We could also drive to another city and play and picnic there.
The net result is the council decision has "Removed" our family from being able to continue our saturday morning tradition. We are well aware that the council did not create "family detectors" that zap us as we enter the park. They just made a decision that forces us to go elsewhere, thus removing our activity.
Instead we are having to drive to O-town, stopping at their donut shop and then never making it to disc golf because the donuts cause such a ruckus with my kids. My wife is upset that i stopped the car at a donut shop and now we are not talking. This all leads the kids on to a path of self-destruction that ultimately leads to prison for all three of my kids.
Brian
PS: This is a theoretical situation. My wife and i have never been in a fight.
Posted by: Brian at November 21, 2008 08:39 AM
Unless you want the name of a good but veeeery expensive lawyer, I guess I would start contacting potential signers now, get them ready for that verbiage. If you have people lined up ahead, it's quicker. That toga's optional kegger we discussed earlier could be a signing party.
Hmmm, is it legal to offer up alcohol and potential nudity in exchange for a petition signature? Let's run that by Lori Barker - I think she could use a good laugh right about now.
I know I've made a lot of stink about upper level city salaries, but I know plenty of people down there that don't make that much money and gee, get a load of what they put up with.
Posted by: juanita at November 21, 2008 08:43 AM
Juanita,
I'm up around 60 people that think they can get 100-200 signatures. This is easier said than done, but the expression of support exists.
The kegger is not a bad idea. Maybe at the old highway 32 disc golf course. Kidding of course.
Lon
Posted by: Lon at November 21, 2008 08:55 AM
Lon, can you clarify the "registered to vote or eligible to register to vote" in Chico phrase? I'm specifically wondering about Chico State students who will sign the referendum in droves. do they simply need a Chico address? Isn't anyone who lives in the city limits "eligible to register," even if they are registered elsewhere?? Let me know, if you know. if not, just tell me who to call and I'll find out and post here.
Democracy in action, isn't it beautiful?
Posted by: MEUTER at November 21, 2008 09:55 AM
Mark,
No back room deals. That ended on November 19th. Everything is public.
Lon
Posted by: Lon at November 21, 2008 09:56 AM
Matt,
I will check on that. I assume that having a residence in Chico would qualify you to sign the referendum.
I believe we may also file an appeal to the council decision to stop the clock on the referendum timer. This will allow us to organize for the signature campaign.
There also seems to be some questions related to the adequacy of the EIR for option D. It did not address the environmental impact of removing disc golf. There are CEQA experts looking into this.
I'm considering and FPPC filing over City Attorney Lori Barkers decision to disqualify Councilors Schwab and Nickell from the public testimony, and then allow them to vote on the topics discussed.
I outlined two reasonable solutions to this mess in my previous comment to Mark S. But the unreasonable options available to us do seem to be growing.
Lon
Posted by: Lon at November 21, 2008 10:09 AM
Lon,
My husband and I would be happy to sign the referendum petition. We don't play disc golf and are not big users of the park (too much uncooked poultry flying around.) We are, however, very disappointed in the vote by the council. I think if you send a signature gatherer out to our neighborhood you'll find a lot of signers. I'd be willing to host a signing party on our porch.
Posted by: Disappointed at November 21, 2008 10:36 AM
I believe that only verified signatures of people registered to vote with the City of Chico would could count.
That is why it takes so many signatures to produce a smaller number of verified, qualified signatures.
Posted by: Mark Sorensen at November 21, 2008 10:46 AM
Yeah, I carried a petition not long ago about something everybody was whining about - I thought, this will be a piece of cake!
People didn't want to sign it for a bizarre variety of reasons, including, I was carrying it!
But the main reason was, it was a recall, and they were afraid it would cost money. I gave them all the arguments you posted, and they just whined out. I ended up getting 7 signatures. I would have had an eighth - my neighbor was mad enough to sign but he isn't a US citizen.
But I got a nice note from the man who orchestrated the recall - he said, I was the only person so far who hadn't had any bad signatures or mistakes. My signatures were good and usable. Some of the petitions had to be thrown out, hundreds of signatures, because of simple mistakes like printing on both sides of the paper. People didn't read the instructions, even though he printed them in giant lettering on his website. Those signatures were mostly just lost, and the recall just missed the mark. But not by much.
The upside is, the recall effort bugged the elected official, and especially his wife, so much (she blogged about it), he has completely changed his tune and become a better public servant.
No, I ain't going to name names, I'm almost embarrassed about it now. Although it was a very good learning experience.
I will start e-mailing people I think will support this, try to get a little list going. I ain't promising much - I'm a housewife Jim, not a social director - but I'll do my own little thing and you do your big ignormus thing and we'll see if we can get this badboy off the ground.
Posted by: juanita at November 21, 2008 11:06 AM
Thank you Disappointed,
can you email me your name and phone number, you can use the comment box and I won't publish it.
Actions to take now:
Email the city council and ask them to reconsider their decision
http://www.chico.ca.us/City_Council/Home_Page.asp
Write a letter to the editor
letters@chicoer.com
Lon
Posted by: Lon at November 21, 2008 12:55 PM
Mark,
Thanks for the info. I've got my hands full just trying to get everyone on the list of volunteers.
I spoke to Dave Burkland today and he spoke with Lori Barker about some of my questions.
There is no appeal to the Council decision. The city attorney is saying that the motion to select option D will not be a resolution, and my understanding of the referendum process is that it is not designed to stop a motion.
The referendum process could be applied to the resolution 94-08 (attachment D ironically) at this url.
http://www.ci.chico.ca.us/City_Clerk/11-18-08_Item_31.pdf
An attorney is reviewing this, but if anyone else is an attorney or knows one willing to help, let me know. It would be good to get feedback from a couple of sources.
Here is the city referendum guidebook
http://www.longlazner.com/LonGlazner/Chico_Referendum.pdf
Please read it and comment on it (attorney or not)
Lon
Posted by: Lon at November 21, 2008 01:35 PM
Lon,
I will gladly gather signatures when the time comes, just keep in mind I get kinda busy flying my big brown sleigh in December. Thanks again for efforts to keep recreation in OUR park.
Posted by: Sean Baber at November 21, 2008 01:37 PM
We have been trespassing notoriously on this property for seven years.
We could get an easement if this were private property.
Can we get an easement here?
Posted by: Wondering at November 21, 2008 04:50 PM
Wondering,
I think you're talking about a prescriptive easement. I'm no expert (at anything really), but I did look into this a few months back. My recollection is that public property can't have prescriptive easements. There is a further requirement that you file for the easement prior to the owner stopping your access.
Really, there is no gimmick to this issue. The council was duly elected and voted us out. The referendum, recall, and initiative process are available to us as citizens.
None of these are easy, because it should not be simple to overturn the decisions of elected officials.
Unfortunately I think our only options are referendum or civil disobediance.
Lon
Posted by: Lon at November 21, 2008 05:39 PM
"only verified signatures of people registered to vote within the City of Chico would count."
Lon,
Have your signature gathers carry voter registration cards too. That way people not currently registered to vote in Chico can do so and sign the petition at the same time. Then be sure to turn in all of the new registrations before the petition is turned in. There are cash bounties available for registering new voters.
John
Posted by: pypr at November 21, 2008 08:28 PM
Get me a method/form and I will gather, even though I have never have and will never play disc golf.
As far as "cash bounties" for new voters are concerned, I want nothing to do with it. Sounds like bullshit. Who pays and why?
No bounty required, provide a valid method and valid form I can print myself and I will back you up because, frankly, I cannot figure all this crap out for myself.
That is where YOU and more expert fairness in park use enthusiasts should come in.
Posted by: David Walton at November 22, 2008 07:33 PM
David,
We've got the petitions written, and I need to get final clearence from a lawyer or two. I just left a lawyer's party, but he's the wrong kind. He's the one that comes to visit me after I get arrested for playing disc golf in Bidwell Park.
But once they are complete they'll be posted at
www.restorediscgolf.com
Lon
Posted by: Lon at November 22, 2008 09:08 PM
Lon,
Can I carry the petition with me whilst I do my Christmas shopping? I promise not to go into Campus Bicycles with it.
Posted by: Sean at November 23, 2008 10:19 AM