Chief
08-29-2007, 08:32 AM
EFFREY MIZE, Columbian staff writer
October 25, 2003; Page c1
With a few pen strokes Friday morning, Larry Patella became the first person to sign a petition seeking a public vote on the proposed hotel-conference center project.
Patella should be used to the process by now. This is the third time he has led a petition drive to challenge Vancouver's plans for a downtown conference center. "Third time is a charm," Patella said after signing.
"And we're about as charmed as you can get," Ralph Peabody added.
Actually, Patella and Peabody have been anything but charmed. Both of their previous campaigns collected more than enough signatures to qualify for the ballot but failed to survive court challenges mounted by the city.
The city killed the first campaign because petitioners had not attached notarized affidavits to each signature sheet. It rejected the second because the proposed initiative's wording was ambiguous and confusing.
Both of those decisions were upheld in Clark County Superior Court. City attorneys don't believe the group's latest effort will fare any better.
"I don't know why it would be any different," said Brent Boger, an assistant city attorney.
Petitioners want to use the referendum process to repeal an ordinance the city council approved Oct. 13. It provides several pieces to the financing package for the $71.2 million hotel, which would have 225 rooms and 30,000 square feet of meeting space.
City Attorney Ted Gathe said the ordinance is immune from local referendum provisions for several reasons, including that it contains a debt obligation.
"The issuance of debt in general is something that is reserved to the municipality body and it is not subject to referendum," he said.
City attorneys also have argued that initiative and referendum powers are limited to legislative acts, or the making of laws, and that financing for the hotel project represents an administrative act that cannot be challenged.
Superior Court Judge Barbara Johnson endorsed that argument in March when she struck down the second petition campaign.
Patella said his group undoubtedly will end up in court again.
"We recognize we have an uphill battle, but we're not going to give up," he said.
According to the Vancouver City Charter's referendum provisions, petitioners will have until Nov. 13 to gather signatures from 2,313 city voters to place the matter before voters.
"We would like to get 10,000," Patella said about the signature goal. "But we're confident we can get 5,000."
Petitioners do not intend to contact voters who signed either of the two previous petitions.
"We don't have time," Peabody said. "We don't need to, anyway."
Petitioners say they will gather signatures from 10 a.m. to 3 p.m. today near the Vancouver Farmers Market, at the corner of West Eighth and Esther streets, and from 10 a.m. to 4 p.m. today outside Wal-Mart, 221 N.E. 104th Ave.
Other petitioners are Tom Jacobs, Michael Lapham, Bob Tharp and Ed York. Anyone who wants to sign a petition or gather signatures can contact any of the six petitioners.
York said the city council doesn't understand the level of resentment in the community.
"The people I talk to in the neighborhoods, they are astonished and flabbergasted," he said.
"You can't believe some of the -- I wouldn't say hate -- but disgust with city government," Peabody said.
"When they sign the petition, they say, 'How many times can we sign?'"
October 25, 2003; Page c1
With a few pen strokes Friday morning, Larry Patella became the first person to sign a petition seeking a public vote on the proposed hotel-conference center project.
Patella should be used to the process by now. This is the third time he has led a petition drive to challenge Vancouver's plans for a downtown conference center. "Third time is a charm," Patella said after signing.
"And we're about as charmed as you can get," Ralph Peabody added.
Actually, Patella and Peabody have been anything but charmed. Both of their previous campaigns collected more than enough signatures to qualify for the ballot but failed to survive court challenges mounted by the city.
The city killed the first campaign because petitioners had not attached notarized affidavits to each signature sheet. It rejected the second because the proposed initiative's wording was ambiguous and confusing.
Both of those decisions were upheld in Clark County Superior Court. City attorneys don't believe the group's latest effort will fare any better.
"I don't know why it would be any different," said Brent Boger, an assistant city attorney.
Petitioners want to use the referendum process to repeal an ordinance the city council approved Oct. 13. It provides several pieces to the financing package for the $71.2 million hotel, which would have 225 rooms and 30,000 square feet of meeting space.
City Attorney Ted Gathe said the ordinance is immune from local referendum provisions for several reasons, including that it contains a debt obligation.
"The issuance of debt in general is something that is reserved to the municipality body and it is not subject to referendum," he said.
City attorneys also have argued that initiative and referendum powers are limited to legislative acts, or the making of laws, and that financing for the hotel project represents an administrative act that cannot be challenged.
Superior Court Judge Barbara Johnson endorsed that argument in March when she struck down the second petition campaign.
Patella said his group undoubtedly will end up in court again.
"We recognize we have an uphill battle, but we're not going to give up," he said.
According to the Vancouver City Charter's referendum provisions, petitioners will have until Nov. 13 to gather signatures from 2,313 city voters to place the matter before voters.
"We would like to get 10,000," Patella said about the signature goal. "But we're confident we can get 5,000."
Petitioners do not intend to contact voters who signed either of the two previous petitions.
"We don't have time," Peabody said. "We don't need to, anyway."
Petitioners say they will gather signatures from 10 a.m. to 3 p.m. today near the Vancouver Farmers Market, at the corner of West Eighth and Esther streets, and from 10 a.m. to 4 p.m. today outside Wal-Mart, 221 N.E. 104th Ave.
Other petitioners are Tom Jacobs, Michael Lapham, Bob Tharp and Ed York. Anyone who wants to sign a petition or gather signatures can contact any of the six petitioners.
York said the city council doesn't understand the level of resentment in the community.
"The people I talk to in the neighborhoods, they are astonished and flabbergasted," he said.
"You can't believe some of the -- I wouldn't say hate -- but disgust with city government," Peabody said.
"When they sign the petition, they say, 'How many times can we sign?'"