Livable City executive director Tom Radulovich has asked the city Elections Department to remove the controversial pro-car measure Prop. H from the fall ballot after discovering a fairly significant misstatement of city law in the ballot summary that its downtown advocates circulated to get on the ballot. The measure, funded by Republican Don Fisher and condo developer WebCor, invalidates most city parking policies and drastically expands people’s rights to build parking spots.
The summary, prepared by the City Attorney’s Office, said current law allows at least one parking spot for every four housing units in the downtown districts and up to one spot for every three units. But as Radulovich’s letter (which follows) indicates, city law actually allows up to one parking spot per unit in downtown residential zones and two spots for every three units in the commercial C-3 zone downtown.
Guardian phone calls to the City Attorney Office, Elections Department, and Prop. H advocate Jim Maxwell have not yet been returned.
Political consultant Jim Stearns, who is running the campaign against Prop. H, told us state law requires the city to remove the measure. He cited the precedent of City Attorney Dennis Herrera last year invalidating a successful referendum drive challenging the creation of the Bayview Hunters Point Redevelopment area because those circulating petition didn’t carry with them the complete plan, only the ordinance that approved it. If the city doesn’t remove the measure, Stearns said opponents will seek a court injunction doing so.