(The Center Square) – The Vancouver City Council is not putting a citizen-led initiative on a future ballot, with city officials having declared the initiative to remove traffic lanes from city streets to be legally invalid. The initiative seeks voter approval to remove traffic lanes from city streets.
“This initiative simply asks the city to ask the residents to vote,” Save Vancouver Streets, the organization behind the initiative, states on its website.
Supporters of the initiative claim that the city does not otherwise allow for public input for the removal of travel lanes, which hinder commuters, they say.
The measure garnered more than 6,500 signatures, which is in excess of the 4,270 needed for the measure to be certified and sent to the city council for approval.
According to a press release from the city, the proposed initiative was rejected because it conflicts with state law and city charter by interfering with the legislative and administrative authority of the city council, impedes the Washington Growth Management Act, and violates Vancouver city charter that initiated ordinances shall not have more than one subject.
During Monday night’s city council meeting, 57 people testified during the public hearing period, but the city council ultimately decided to not take action on the proposed ordinance after receiving recommendations to take no action by the city attorney and city manager.
Vancouver City Manager Lon Pluckhahn advised the city council not to approve the proposed initiative to be placed on a future ballot as a result.
“If I advised otherwise, it would be asking the city council to proceed with an action that the best available information tells me is illegal,” Pluckhahn said during the city council meeting. “To move forward with the initiative as it was presented is a significant risk to the city.”
A city manager staff report regarding the proposed initiative cites the fact that Washington courts have recognized that a legally invalid initiative on the ballot amounts to a waste of taxpayer resources.
The Save Vancouver Streets group stated on its website that the city council’s decision was not unexpected. The grassroots group declared that it will move into a legal challenge phase.
Jackson Maynard, a lawyer representing Save Vancouver Streets, said the city council does not have the power to reject the initiative and prevent it from going to the ballot.
He cited section 10.08 of the city charter, which states that the proposed ordinance shall be submitted to voters at the next general election.
“The staff analysis does cite the cases in which parties have challenged invalid initiatives, but all of those are initiated in court, not from the city council,” Maynard told the city council.
Vancouver City Attorney Jonathan Young countered that the ordinance falls under section 10.04, rather than section 10.08. Section 10.04 entails the first review by the city clerk evaluating whether or not the bill has legal sufficiency.
Young added that it is outside of the city attorney’s role to advise community members on the best course of action to have the initiative be legally valid.
“The city understands that there may be legal action to place the initiative on the ballot – if that occurs, the city looks forward to the courts resolving this issue,” the city wrote in a statement.
