San Clemente Urged to Apply Growth Limits During Appeal

A new furor over a slow-growth initiative erupted in San Clemente on Wednesday as a citizens group claimed that Measure E should continue to be enforced despite being ruled unconstitutional last fall by an Orange County Superior Court judge.

Peter Bunge, vice president of San Clementeans for Managed Growth, a slow-growth group, said Wednesday that he believes that city growth is spiraling out of control in the absence of Measure E.

“This (Measure E) is the only sensible procedure which can be implemented to prevent irreparable harm to our community,” Bunge said. “Once the hills are destroyed and development is in its place, the environment cannot be restored to its original condition.”

City officials said they are referring the thorny legal matter to an attorney, and no immediate action is expected.

“My belief, based on what we’ve been told by our city attorney in the past, is that Measure E does not have to be enforced (during appeal), but this is something we’ll likely refer to another attorney for a third opinion,” said San Clemente Mayor Brian J. Rice.

Measure E allows growth only if city services are not eroded as a result. The initiative, for instance, requires that either the city or developers come up with a way to pay for more streets or improved roads if a development would increase traffic congestion by 1% or more at an intersection or highway link.

Measure E was overwhelmingly approved by San Clemente voters in June, 1988, then struck down Oct. 19 by Superior Court Judge John C. Woolley, who ruled that it placed an unfair burden on developers. The initiative has not been enforced since then, although Woolley’s decision is being appealed by San Clementeans for Managed Growth.

On Wednesday, San Clementeans for Managed Growth released an opinion from their attorney, Mark I. Weinberger of San Francisco, which said that Measure E remains alive during appeal and must be enforced by San Clemente city government.

In a letter to the City Council, Weinberger wrote: “We are writing to advise the city that due to the current status of the litigation challenging the initiative, Measure E remains in full force and effect, and the city is obligated to enforce its provisions.”

Weinberger’s letter added: “In our view, failure to enforce and implement Measure E at this time is clearly erroneous, and as a result the city should take immediate steps to carry out the provisions of the initiative.”

Weinberger said previous California court rulings have held that lower court orders in such matters are not enforced during appeal.

Lorraine Brouillette, president of San Clementeans for Managed Growth, said Wednesday that she and other slow-growth advocates are cheered by Weinberger’s legal opinion. She said the organization will demand that city government reinstate Measure E and enforce it during the appeal process.

“If we wait until after all the legal proceedings are over, the city of San Clemente will already be overbuilt,” she said. “Already the city is suffering from too much growth. The water shortage we’re having in the city this summer is caused by too much growth.”

The 4th Circuit Court of Appeal in Santa Ana will hear the appeal of Measure E. But due to a crowded court docket, a decision in the matter is not likely until next summer at the earliest, according to Weinberger.

Brouillette charged on Wednesday that San Clemente city government has been allowing too much growth and development since Measure E was struck down.

Mayor pro Tem Candace Haggard, in a separate interview, said she disagreed with Brouillette’s criticism. “The City Council has established a growth-management committee, and it’s very much in the spirit of Measure E,” she said.

Mayor Rice similarly defended the city’s actions in managing growth and development.