Petition to block Livermore cost-effective housing challenge rejected by town

LIVERMORE — The metropolis has rejected a petition to block a proposed downtown Livermore very affordable housing complex, a shift that could lead to additional lawful wrangling and delays for the project, which now has been held up much more than a yr since of earlier legal difficulties.

Pursuing the Town Council agreeing in May to market a plot of downtown land to nonprofit Eden Housing for the task, a residents team calling itself “Move Eden Housing” filed a petition with the metropolis, with hundreds of residents’ signatures, to problem the final decision.

The petition sought to let voters make your mind up in the November election regardless of whether the land sale need to go as a result of. But the metropolis has blocked the group’s endeavours.

In a letter final 7 days, metropolis clerk Marie Weber informed the group pushing for the referendum that the council’s resolution to sell the land to Eden Housing was an “administrative” action and not a “legislative” one, and therefore can't be challenged by a referendum.

The vote to promote the land only “implements the City Council’s prior legislative acts,” Weber wrote, referencing a similar predicament in San Bruno that performed out in the courts in 2017.

Weber, with suggestions from the metropolis legal professional, also wrote that the group’s petition “does not detect any certain act that it issues or purports to be legislative.” She stated “the petition has no lawful effect and is consequently not eligible for submitting or processing as a referendum.”

She explained the metropolis would not be getting any additional action to process the petition or confirm the signatures.

Jason Alcala, the city attorney, said in an job interview Thursday the challenge is an “open and closed” one particular in his check out.

“If it was new legislation, indeed, it would be matter to referendum. This is not new laws this is employing conclusions that have been created years in the past,” he explained.

As an analogy, Alcala said the scenario with the petition is akin to a marriage invite being despatched out noting that attendees are essential to put on a tuxedo to go to.

“This petition is showing up in a T-shirt with a tuxedo printed on it,” he reported.

“The maitre’d is telling them, ‘That is not a tuxedo, that is a T-shirt with a tuxedo printed on it, you never get admission.’ ”

Barry Fadem, an legal professional for the citizens team, said in a statement that Weber was “in violation of her purely ministerial duties” when she refused to course of action the petition.

“The city clerk does not have the ability, even on information of counsel, to not accomplish the obviously said authorized responsibilities set forth in the Elections Code,” Fadem said.

“We need that the City Clerk handle the referendum petition as filed and carry on to verify the validity of signatures, as the Elections Code requires,” Fadem explained.

Alcala reported the “law is clear” and the metropolis will stand by its determination.

“You can obstacle laws, but after that legislation is set up, the implementation is administrative, not issue to possibly referendum or initiative,” Alcala explained.

“The governing administration has to be capable to finish its business enterprise, and which is in which the line is drawn.”

Maryann Brent, a chief of Go Eden Housing, explained in a push release issued Thursday that the clerk’s refusal to approach the signatures “threatens to rob over 8,000 Livermore voters of their constitutional correct to petition the metropolis for a referendum.”

Brent is a supporter of Save Livermore Downtown, a team backed by rich and influential resident Joan Seppala. Save Livermore Downtown had previously filed a lawsuit against the city aiming to block the 130-device economical housing undertaking prepared for a plot at Railroad Avenue and South L Street.

Right after getting dominated towards in a county court docket, the group submitted an enchantment in April to a increased court that is pending.

Jean King, a spokesperson for Help save Livermore Downtown, reported though Help you save Livermore Downtown and Shift Eden Housing could have some of the exact same customers and may help some of the same brings about, they are different organizations. Questioned if Seppala also can help fund Shift Eden Housing, King stated, “I am not heading to say.”

Brent and Seppala did not answer to voicemails remaining trying to find remark.

In the press release, Brent indicated the team may perhaps problem Weber in court docket.

“The clerk has no authority or foundation in regulation for this refusal, and Move Eden Housing will consider whichever lawful actions are expected to force her to comply with her point out-mandated responsibilities,” Brent wrote.

Alcala, the town attorney, said he envisioned the group to file a lawsuit towards the metropolis just after Weber’s first letter on July 13. In its place, “they engaged in a letter-crafting campaign” that is aimed at attempting to alter Weber’s steps in her potential as an elections official.

He drew a comparison to President Donald Trump’s alleged meddling in elections processes soon after the November 2020 election.

“That stage of bullying has presented by itself in the course of the election procedure. Does this rise to that level? It is not as intense because you really do not have a president at the rear of it, but it is troubling,” he reported.

“I consider the petition is just one much more frivolous assault to delay the cost-effective workforce housing project,” Livermore Mayor Bob Woerner said in a created statement Thursday.

“I be expecting the project will finally be constructed right after many pointless and incredibly costly a long time of delay.”