Attorney Says San Fernando Can’t Adopt Land-Use Initiative

The San Fernando city attorney has determined that the city cannot legally adopt an initiative calling for a public vote on any land-use issue, from small zoning changes to redevelopment projects, City Clerk Donald E. Penman said Wednesday.

In a 14-page opinion issued Tuesday, City Atty. Robert Bowers ruled that the sweeping initiative, proposed in a citizens petition, conflicts with state law, Penman said.

One part of the petition sought to “nullify any federal, state or local law or directive which is in conflict with this proposal.”

“A city can’t just declare that a state or federal law does not apply to it,” Penman said. A city is not empowered to preempt state or federal laws, he added.

The petition containing 1,333 signatures was filed with Penman on May 1 by Robert Dickey, 68, a 40-year San Fernando resident and retired U.S. Navy civilian employee. Dickey said he “wanted to give people the right to vote” on land-use issues.

He said he began writing the petition several months ago after the City Council voted on a redevelopment issue. Dickey said he could not recall the specific issue.

“It’s really not surprising they want to clip the wings on this thing,” Dickey said of the city attorney’s ruling. He said he had not read the opinion and will seek legal advice about whether to ask the courts to place the matter on the ballot.

Penman said city officials are comfortable with Bowers’ ruling.

The City Council could have enacted the measure into law or voted to place the initiative on the ballot. However, the council first sought a legal opinion because the petition was almost certain to be declared illegal, Penman said.