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Fate of Mt. Soledad Cross on Ballot : Civic affairs: City Council will ask voters to decide whether to transfer the land on which Mt. Soledad Memorial Cross sits from public to private ownership.

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TIMES STAFF WRITER

By unanimous vote, the San Diego City Council has decided to ask voters in June whether the council should transfer the park land on which the Mt. Soledad Memorial Cross sits to a private, nonprofit owner, thereby allowing it to remain atop the mountain.

A federal judge ruled in December that two crosses on public parks in Mt. Soledad and Mt. Helix near La Mesa violate the constitutional separation of church and state. U.S. District Judge Gordon Thompson ordered both to come down and that an insignia used by the city of La Mesa that includes the Mt. Helix cross also should be banned.

Thompson imposed a March 3 deadline for their removal.

The City Council has been fighting Thompson’s decision ever since. In late December, the city asked for an extension to the deadline, which was denied. In January, the city appealed and later asked the appeals court to halt the removal of the crosses until the appeal is decided.

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The issue of the crosses has ignited public opinion like no other in recent years. Council members say they unanimously support keeping the cross atop Mt. Soledad near La Jolla because they seek to protect all religions from intrusion by the courts.

Thompson argued that the California Constitution guarantees free exercise of religion “without discrimination or preference.”

If voters approve transfer of the land to private ownership, City Council members believe that the appellate court might be more likely to declare the matter moot.

Also included on the June ballot is a proposal asking voters if they are willing to pay a $9-a-month fee for trash pickup and the possibility of mandatory elections to fill city council vacancies.

The council already has approved a ballot measure for June that would let voters decide whether the mayor, council and city attorney be limited to no more than two terms.

The City Council rejected a proposal from the managed-growth group Prevent Los Angelization Now! that would prevent new development if it lowers the ratio of police officers to population. The vote was 8 to 1 with Councilman George Stevens dissenting.

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The Times incorrectly reported Monday that the proposed initiative had been delayed by the council. The council did delay a second proposal submitted by council members Ron Roberts, Tom Behr and Bob Filner and endorsed by the San Diego Police Officers Assn.

Other possible ballot measures that have been delayed are the establishment of a redistricting commission, restrictions on certain city franchises and a 24-hour alcohol ban on many stretches of beach and some parks.

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