Smart Voter
Orange County, CA November 3, 1998 General
Measure J
Yorba Linda General Plan-Imperial Highway
City of Yorba Linda

7,337 / 36.8% Yes votes ...... 12,596 / 63.2% No votes

See Also: Index of all Measures

Infomation shown below: Impartial Analysis | Arguments |
Shall the Ordinance amending the General Plan prohibiting City action to expand or widen Imperial Highway within Yorba Linda be adopted?
Impartial Analysis from City Attorney
The Imperial Highway Initiative ("Initiative"): 1) amends the City of Yorba Linda's ("City") General Plan, specifically the Circulation Element and Growth Management Element, to prohibit the City from widening, expanding or increasing the size of Imperial Highway; 2) prohibits the City Council and Planning Commission from enacting any ordinance or resolution or taking any other action that will have the effect of widening or expanding Imperial Highway or is inconsistent with the amendment of the General Plan; and 3) repeals all existing City ordinances and resolutions that have the effect of widening or expanding Imperial Highway or are inconsistent with the amendment of the General Plan. If the Initiative is approved, the City could not develop Imperial Highway to its ultimate dimensions as a modified major arterial (six lanes within a 100 foot right-of-way) north of Yorba Linda Boulevard, nor to a four lane limited access highway south of Yorba Linda Boulevard.

While legislative decisions of a city may generally be adopted by initiative, there are serious legal questions about the validity and enforce-ability of this Initiative. It is unclear how a court would decide these issues. There is the possibility the Initiative as a whole is invalid because it may contradict state law relating to city involvement in state highway improvements, interfere with powers directly delegated from the State Legislature to the City Council, impair the City's ability to provide the essential government function of street improvements, and contradict regional transportation plans.

The specific language of the Initiative may also contain legal deficiencies. A city may amend its General Plan by initiative. However, the Initiative's amendment of the City's General Plan may make the General Plan internally inconsistent and hence invalid. The General Plan amendment may also remove Imperial Highway from the Congestion Management Program in violation of state law. The prohibition against the City Council and/or Planning Commission from taking any action which has the effect of widening or expanding Imperial Highway and the repeal of all existing ordinances and resolutions which do the same may be unconstitutionally vague. Furthermore, the provision repealing unspecified ordinances and resolutions may be invalid because it is not self-executing.

Should the Initiative be adopted and become effective, it is possible that the City would no longer be able to apply for certain transportation funding which is administered by the Orange County Transportation Authority ("OCTA") because the City's General Plan may no longer be consistent with Orange County's Master Plan of Arterial Highways ("MPAH"). OCTA has asserted that if the Initiative passes and is adopted, the City would no longer be eligible for funds OCTA has allocated for the Imperial Highway improvement project, other Measure M "turn-back" funds for transportation projects within the City, or any other competitive funding program administered by OCTA. Furthermore, the Initiative may also conflict with the Congestion Management Program and prevent the City from receiving some Gas Tax funds.

The above statement is an impartial analysis of Measure J. If you desire a copy of Measure J, please call the City Clerk's Office at (714) 961-7150 and a copy will be mailed at no cost to you.

 
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Arguments For Measure J Arguments Against Measure J
Vote "Yes" on measure J to ensure Yorba Linda remains truly "The Land Of Gracious Living".

Only your "Yes" vote will stop the City Council's so-called `Smart Street' plan - an environmentally reckless, back-room deal that would forever destroy our Town's semi-rural character.

What are the so-called `Smart Street' related plans your "Yes" vote would stop?

The `Smart Street' would transform Imperial Hwy. into a four-to-six-lane freeway `inter-link' which would funnel a massive volume of non-resident, cut-through traffic off the 91 and 57 freeways ... right past our homes and schools.

In addition, a freeway style, cloverleaf interchange at Imperial/Esperanza is now planned which would require the demolition of homes and stores.

The final insult? Because the `Smart Street' would generate over 10,000 new car trips a day, miles of sound walls would have to be erected, permanently destroying the scenic views we now enjoy, and dividing Yorba Linda forever.

So what would be the total environmental effect these ill-conceived plans would have? We don't know. The City Council and Orange County Transportation Authority defiantly refused to do an Environmental Impact Study on the `Smart Street' project before it was approved!

It was this arrogant disregard for the well being of Yorba Linda's neighborhoods that prompted over 4,000 of your neighbors to join together to put this measure on the ballot.

Take advantage of this critical opportunity. Vote "Yes" to force the City Council to the negotiating table where we can make sensible, community-wide transportation planning decisions which will enhance - not endanger - the unique quality of life Yorba Linda residents still enjoy today.

Whether you vote by Absentee Ballot, or at the polls November 3rd, your "Yes" vote will make the difference.

Rebuttal to Arguments Above
Thomas Martin, President of the special interest group promoting the initiative to block safety improvements to Imperial Highway, met on June 15,1998, with Yorba Linda City Manager Art Simonian, Attorney Leonard Hampel and Engineer Roy Stephenson. Martin also telephoned Mayor Gene Wisner and Barbara Kiley. In each contact with these city officials Martin sought to negotiate a "deal" with the City in exchange for an agreement not to wage a "Yes" campaign.

Martin told officials the initiative was "detrimental to Yorba Linda," that it was no way to Plan for a City" and that the initiative "had problems" and it may be "flawed" in the way it was written. Martin's "deal" required the City to delay improvements to the Nixon Freeway stretch of Imperial until 2013. The purpose; To allow the leaders time to put their kids through school and sell their homes before construction. He conceded, they had no problems with the "number of lanes," "the entire northern part of the project" or "the landscaping provisions."

This "deal" tells a lot about the motives of the proponents. These neighbors built homes on bargain lots next to a road designated as a Freeway. Now, they seek to block any safety measures next to their property. One has to question if a "good neighbor" would expect everyone else to do without the needed safety improvements for fifteen years, just to satisfy a special interest. A good and selfless neighbor knows, Safe Streets Are For Everyone. Martin was told, "No Deal." VOTE, NO!
s/John M. Gullixson
Councilmember, City of Yorba Linda
s/Gene Wisner
Councilmember, City of Yorba Linda
s/Robert Meador, Co-Chair
SSAFE (Safe Streets Are For Everyone)
s/Michael Duvall, Co-Chair
SSAFE (Safe Streets Are For Everyone)
s/Barbara W. Kiley
Councilmember, City of Yorba Linda

Arguments In Favor Submitted By

s/Henry Wedaa Yorba Linda City Council
s/Mark Schwing Yorba Linda City Council
s/Thomas Martin, Esq. Proponent
s/Craig Brueckner Proponent
s/Jack Majors, Founder/Director The Organization of Unified Concerned Homeowners
In 1990 the Orange County Transportation Authority wanted to change Imperial Highway into an eight lane "Super Street." Our city council said "No." Over the next several years our City Council negotiated a "Compromise" which allows Yorba Linda to make safety and landscaping improvements to Imperial consistent with our 1972 General Plan. The "Compromise" will finish Imperial with three lanes in each direction north of Yorba Linda Boulevard and two lanes in each direction south that will be continuous and bottleneck free. The "Compromise" designates Yorba Linda as the "Lead Agency" on the project and the safety improvements include rural landscaping along both sides of Imperial and in the median dividers. These improvements will cost $35,000,000.00 and will come from Measure M, not Yorba Linda general funds.

A special interest group, whose leaders have homes along the single lane stretches of the Nixon Freeway, have joined to block any changes to Imperial. They feel their desire to keep Imperial away from their homes outweighs the safety, traffic and landscaping benefits that this "Compromise" brings to everyone else in Yorba Linda. They don't accept the argument, "Safe Streets Are For Everyone."

Should this initiative pass, Yorba Linda will lose its "Lead Agency" position. It will disqualify Yorba Linda from annual grants of $1,000,000.00. OCTA will act to fill the "Lead Agency" position and the sufficiency of the project will be reevaluated without Yorba Linda participation. That puts the "Compromise" in jeopardy.

Recently the State awarded grants of $46,000,000.00 to build a bridge at the Imperial/Esperanza/Orangethorpe intersection. The Anaheim side of Imperial will have eight lanes and Yorba Linda will have four lanes. A "No" vote on this initiative will act to "Save the Compromise" and insure a safer road with rural landscaping consistent with the Yorba Linda we love. Approval will bring what none of us want, outsiders calling the shots.

Rebuttal to Arguments Above
Our clever opponents have adopted the misleading name `SSAFE' to fool you into believing a YES vote on Measure J would allow a `special interest' group to put Yorba Linda's neighborhoods and your quality of life in jeopardy.

Nothing could be further from the truth. Ask yourself the following questions:

  • The so-called `SSAFE' street would add 10,000 more daily car trips "much of it rush hour, cut-through traffic" speeding past our homes and our children's schools. Isn't that a scenario you'd like to prevent?
  • The `SSAFE' street plan offers only `rural landscaping' to mask the scenic and environmental devastation of miles of crowded asphalt streets and obstructive sound walls. Would you agree that trade off isn't worth it?
  • The few bureaucrats opposing this measure characterize 4000 of your neighbors, throughout the city who support Measure J as a `special interest group.' To the contrary, aren't these opponents the special interest group?

If you answer YES to the above, then that is your vote.

Don't be fooled by cynical threats of `outsiders calling the shots' should Measure J succeed. Quite the contrary, your YES vote empowers Yorba Linda's citizens to call the shots, not some faceless County bureaucracy. In fact, the so-called `SSAFE Street' compromise doesn't stop the City, County or CalTrans from adding more traffic lanes to Imperial Highway any time they please.

Send City Hall a message: We say YES to preserving the quality of life we treasure here in Yorba Linda.
s/James Martin
Police officer
s/Karen Hill
Educator
s/Agnes Valardi
Real Estate Broker
s/Craig Brueckner
Proponent
s/Joan Burch
Housewife and Mother

Arguments Against Submitted By

s/John M. Gullixson
Councilmember, City of Yorba Linda
s/William E. Wisner
Mayor, City of Yorba Linda
s/Malcolm O.Ogburn, Co-Chair
SSAFE (Safe Streets Are For Everyone)
s/Mike Weiner, Co-Chair
SSAFE (Safe Streets Are For Everyone)

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Created: February 16, 1999 18:54
Smart Voter '98 <http://www.smartvoter.org/>
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