City Activist Rolls Out Voter Initiative
Staff editorial

The process of getting the Mission Viejo Right To Vote on the ballot began several years ago. Approximately 30 city activists met monthly during 2005-2006 to discuss ways to stop such developers as Steadfast and UDR Pacific from building high-density residential housing on property zoned for commercial use in the city’s Master Plan. Community activist Dale Tyler, who moderated the activist meetings, introduced his idea about a land-use voter initiative to the group. If the measure is approved in the November election this year, voters – not the city council – would decide the final outcome of zone changes.

The matter of rezoning properties was additionally compromised for several years by a city council that refused to address the state’s requirement of having a plan for affordable housing. After the council majority deliberately threw away the city’s only plan in 2006, the state stepped in and demanded a remedy. The council responded by rezoning three properties to high-density residential to provide for the state’s affordable housing goals. The council claimed, “Look what the state MADE us do!” The state merely reacted to the council’s blatantly irresponsible act of throwing away the plan. The council was either incompetent or deliberately wanting the state to look responsible for what the council wanted in the first place – more housing in a built-out city and more developer dollars in campaign treasuries.

The most controversial new rezoning proposal isn’t related to affordable housing. The developer, Sunrise Senior Living, is currently hoping the council will rezone the Casta del Sol golf course from recreation to high-density senior housing. Despite the developer’s implication that most of the golf course could be preserved, those who see what’s coming expect the entire property to be divided into housing projects. Prime real estate in the heart of the community would not be given away or otherwise set aside when the developer could make a fortune by selling it to others in the homebuilding business.

Sunrise met individually with all five council members, and at least two councilmen – Lance MacLean and Frank Ury – appear to support the developer. On Feb. 18, the council addressed Sunrise’s proposal with a moratorium on zone changes. By extending the moratorium until after the November election, the council contended it would hear no proposal until the moratorium runs out. Despite any appearance to protect the residents, the council could end the moratorium at any time with three votes. As another matter, the moratorium contains a loophole that wouldn’t stop a developer from proceeding at any time.

Beyond the troubling aspect of MacLean and Ury siding with the developer, Councilwoman Trish Kelley falsely states the moratorium protects residents from unwanted rezoning. It does not, and she probably knows better. The problem is and always has been council members siding with developers and failing to represent their constituents. This council never met a developer it didn’t like. Residents should realistically expect at least four of the five current council members to rezone the entire golf course if a voter initiative doesn’t stop them.

Fortunately, the Mission Viejo Right To Vote will soon be available for residents to sign. Tyler received the city attorney’s title and summary on June 2, and signature gathering could begin as early as Friday, June 13. Petition circulators will have six months to qualify it for the ballot. If 10 percent of the city’s voters (61,347 Mission Viejo residents were registered to vote as of May 6, 2008) sign the petition, it could be on the November ballot. If it’s not on the November ballot, gathering 15 percent of voters’ signatures (approximately 9,200) would qualify the initiative for a special election.